INTERIOR DESIGN ETHICS - PART 2

Laws on Obligation and Contract, and National Building Code of the Philippines

Law

A rule of conduct, just, obligatory and laid down by a legitimate power for common observance and benefit.

Ignorantia lege neminen excusat

Ignorance of the law shall excuse no one from compliance therewith

Divine Law

Based on religion or faith and is concerned of the concept of sin.

Natural Law

Based on morality or equity; basis of state law.

Moral Law

Norms of good conduct in a specific community; varies according to era, conditions or people.

Physical Law

Laws of Physical science.

Private Law

Regulates the relations of the members of a community with each other for purely private ends.

Public Law

Governs the relations of an individual with the State.

Substantive Law

Establishes rights as well as duties of an individual.

Procedural Law

Lays down the procedure by which rights or claims may be enforced.

Obligation

Is a juridical necessity to give, to do, or not to do. It is not a mere necessity. It is clothed with compellability meaning tying or binding

Active Subject

The one who can compel compliance with the obligation

Passive Subject

The one compelled to perform the obligation

Juridicial Tie

Binds the parties to the obligation

Prestation

An object or undertaking of the obligation. Something to be given, to be done or not be done.

Civil Obligations

Gives right of action to compel their performance.

Natural Obligations

Based on equality; does not grant a right of action to enforce performance

Fraud – dolo

Intentional non-performance of obligation; deception. There is an intent to evade normal fulfillment of the obligation and to cause damage

Negligence - culpa

Carelessness or lack of diligence. It consists in the omission of that diligence that is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place, when the negligence shows bad faith, it is considered as equivalent to fraud

Delay – mora

On the part of the debtor, it begins from the time of judicial or extrajudicial demand from the creditor for fulfillment of the obligation. The debtor is liable for damages in case of delay in the performance of his obligation. The debtor is liable for damages in case of delay in the performance of his obligation. He is also liable for the any damage caused by fortuitous event.

Contravention of the tenor of obligation

Violation of the stipulations in the obligation. Must not be due to a fortuitous event or force majeure.

Fortuitous Events

An event which could not be foreseen, or which, though foreseen, was inevitable. Includes unavoidable accidents, even if there has been an intervention of human element, which cannot be attributed to the debtor. Acts of Man Where there is human intervention. Acts of God Force majeure

Fortuitous Events

An event which could not be foreseen, or which, though foreseen, was inevitable. Includes unavoidable accidents, even if there has been an intervention of human element, which cannot be attributed to the debtor. Acts of Man Where there is human intervention. Acts of God Force majeure

Payment

Delivery of money or rendition of a service and performance of an obligation.When the obligee accepts the performance, knowing its incompleteness or irregularity and without expressing any protest or objection, the obligation is deemed fully complied with.

Contract

An agreement that is effective to give rise to a civil obligation. Parties are free to stipulate on anything that is not contrary to law, morals, good customs, public order or public policy.

Consensuality

Contracts are perfected by mere consent. From that moment, the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law

Relativity

Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law.

Mutality

The contract must bind both contracting parties. Its validity or compliance cannot be left to the will of one of them.

Autonomy

The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order or public policy.

Generation

Negotiations stage of the contract leading to an agreement.

Birth

There has been a meeting of minds.

Termination

Extinction of the contract by the performance of the obligation created by it.

Consensual Contract

Consent of the parties, Object certain , Cause of obligation

Real Contract

1. Consent of the parties 2. Object certain 3. Cause of obligation 4. Delivery

Solemn Contract

1, Consent of the parties2. Object certain 3. Cause of obligation 4. Observance of the required formality

Mistake

Unconscious ignorance of the existence or non-existence of a fact, past or present, material to the contract.

Violence

Serious or irresistible force is employed in order to wrest consent

Intimidation

One of the contracting parties is compelled by a reasonable and well- grounded fear of an imminent and grave evil upon him or his property, or upon the person or property of his spouse, descendants or ascendants to give consent.

Undue Influence

When a person takes improper advantage over the will of another, depriving the latter of a reasonable freedom of choice.

Fraud

Through insidious words or machinations of one of the contracting parties, the other is induced to enter to a contract, which without them, he would not have agreed to.

Receissible Contracts

A remedy granted by law in order to secure reparation (compensation) of damage caused by a contract.

Voidable Contracts

Contracts are valid unless annulled by proper action in court.

Uneforcable Contracts

Cannot be enforced unless ratified (sanctioned).

Void Contracts

Have no effect at all.. it cannot be ratified or validated

Damages

Estimated reparation (compensation in money for damaged sustained)

Actual Damages

Adequate compensation for financial loss suffered.

Moral Damages

Amount to be determined by the court from the result of the wrongdoer's act.

Nominal Damages

Awarded to vindicate (justify) the right of the plaintiff (petitioner) which has been violated.

Temperate Damages

Court finds that some pecuniary (financial) loss has been suffered but its amount cannot be proved with certainty. Grants damages to repair the financial loss.

Liquidated Damages

Agreed upon by the parties to a contract to be paid in case of breach.

Exemplary Damages

Those imposed in additional to moral, temperate, liquidated or compensatory damages by way of example or correction for the public good

RA 6541

An Act to Ordain and Institute a National Building Code of the Philippines”Congress of the Philippines 26 August 1972

PD 1096

Adopting a National Building Code of the Philippines (NBCP) thereby revising Republic Act Numbered Sixty-Five Hundred Forty-One (R.A. NO. 6541)

Interior Design Plans

Space Planning, Architectural Interior, Floor Plan Interior Perspective, Furniture Foortprint Plan, Furniture Layout, Cost Estimates, List of Materials & Finishes