LAW 100 Handouts 1-4

Is a rule of conduct, just and obligatory, promulgated by a legitimate authority, and for the common observance and benefit

Law

The one who said law is a rule of conduct, just and obligatory, promulgated by a legitimate authority, and for the common observance and benefit

Sanchez Roman

Divisions of Law

Strict Legal Sense and Non-Legal Sense

enforced by the state also known as State Law

Strict Legal Sense of Law

Law not promulgated by the state

non-Legal sense of Law

Law of religion and faith, promulgated by God etc

Divine Law

Law through divine inspiration of man through a sense of justice fairness righteousness and reason alone

Natural Law

Totality of the norms of good and right conduct growing out of collective sense of right and wrong of every community. Not following this law would elicit a response from the community

Moral Law

Law in the operation or course of nature

Physical Law

Law that id promulgated and enforced by the state

State Law

State law is also known as

Positive law, municipal law, civil law

Characteristics of state law

Rule of Conduct

Obligatory

Promulgated by legitimate authority

For the common observance and benefit

What would life be without the law

It would be chaotic

What does law do

Secures justice

What is our duty as members of society

Ignorance of the law excuses no one

Sources of the law

Constitution

Legislation

Administrative/Executive Orders

Judicial decisions / Jurisprudence

Custom

Other sources

The latin legal maxim for ignorance of the law excuses no one

Ignorantia legis non excusat

The body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts

Law on Obligations and Contracts

Where is the law of oblicon found in

The new civil code

Our civil code is based on

The civil code of spain

Where are the topics pertaining to obligations contained in

Articles 1156-1304

Topics pertaining to contracts are found in

Articles 1305-1422

The backbone to the law on sales, agency, partnership, barter

Obligations and Contracts

Article that states an obligation is a juridical necessity to give to do or not to do

Article 1156

Means that incase of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment

Juridical necessity

The one who is being called upon to fulfill or perform his obligation

Passive subject or debtor

The person who demands the fulfilment of the obligation or the one who has a right to demand

Active subject or creditor

This is the subject matter of the obligation

Object or prestation

The efficient cause or that which binds or connects the parties to the obligations

Juridical tie or legal tie

States that the law does not require any form in obligations arising from contracts for their validity or binding force

Article 1356

The act or performance which the law will enforce

Obligation

The power which a person has under the law to demand from another any prestation/subject

Right

An act or omission of one party in violation of the legal right or rights of another causing injury

Wrong

Kinds of obligations according to subject matter

Real and personal obligations

Obligation in which the subject matter is a thing which the obligor must deliver to the obligee

Real obligation

Obligation in which the subject matter is an act to be done or not to be done

Personal obligation

Two kinds of personal obligations

Positive and Negative

Obligation to do or to render service

Positive personal obligation

Obligation not to do

Negative personal obligation

Discuss the kinds of obligations according to subject matter

Real and personal

Personal: Positive and negative

Where do obligations arise from

Law

Contracts

Quasi-contracts

Acts or omissions punished by law

Quasi-delicts

Source of obligation when they are imposed by the law itself

Law

Source of obligation when they arise from stipulation of parties

Contracts

Source of obligation when they arise from lawful, voluntary, and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefitted at the expense of another

Quasi-contracts

Means that no one shall be unjustly enriched or benefitted at the expense of another

Negotiorium Gestio

The obligation to return money paid by mistake or which is not due

Solutio Indebiti

Source of obligation when they arise from civil liability which is the consequence of criminal offense

Crimes or acts or omissions punished by law

Source of obligation when they arise from damage caused to another through an act or omission there being fault or negligence but no contractual relation exists between the parties

Quasi-delicts or torts

A meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service

Contract

means that compliance or performance in accordance with the stipulations or terms of the contract or agreement

compliance in good faith

that juridical relation resulting from certain lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefitted at the expense of another

quasi-contract

kinds of quasi-contracts

negotiorium gestio

solutio indebiti

the voluntary management of the property of affairs of another without the knowledge or consent of the latter

negotiorium gestio

the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake

solutio indebiti

ancient principle where quasi contract of solutio indebiti was based off of

no one shall enrich himself unjustly at the expense of another

the scope of civil liability

restitution

reparation for the damage caused

indemnification for consequential damages

an act or omission by person called tortfeasor which causes damage to another person, property, or rights giving rise to an obligation to pay for the damage done, there being fault but no contractual relation

quasi-delict

violation of a penal law or a crime under spanish law

delicts or delito

Requisites of a quasi-delict

There must be..

An act or omission by the defendant

Fault or negligence of the defendant

Damage caused to the plaintiff

Direct relation or connection of cause and effect between act or omission and damage

No pre-existing contractual relation between the parties

Article that states that every person obliged to give something is also obliged to take care of it with the proper diligence of a good father unless the law required another standard of care

1163

A thing that is particularly designated or physicall segregated from all others of the same class

Specific or determinate

A thing that refers only to a class or genus to which it pertains and cannot be pointed out particularly

Generic or indeterminate

Thing identified by its individuality

Specific or determinate

Thing that is identified only by its specie

Generic

Phrase equated with ordinary care or that diligence which an average person exercises over his own property

Diligence of good father

When the law or stipulation of the parties provided slight or extraordinary diligence

Another standard of care

Person or company engaged in the transportation of persons and/or cargoes

Common carrier

Diligence of a common carrier

Extraordinary care

an event independent of the will of the obligor but not of other humans’

acts of man or fortuitous events

events which are totally independent of the will of every human being

acts of God or force majeure

duties of debtor to deliver a generic thing

to deliver a thing that is of quality

to be liable for damages