INTERIOR DESIGN ETHICS - PART 2

  • Law on Contracts and Obligations: A rule of conduct that is just, obligatory, and established by a legitimate authority for common observance and benefit.

Requisites of Law

  • Rule of conduct.
  • Just or presumed to be just.
  • Laid down by a legitimate power.
  • Obligatory or compulsory.
  • Sanction for non-observance.

Ignorance of the Law

  • Ignorantia lege neminem excusat: Ignorance of the law excuses no one.

Divisions of Law

  • Non-Legal Sense:
    • Divine Law: Based on faith, concerned with sin.
    • Natural Law: Based on morality, basis of state law.
    • Moral Law: Norms of good conduct in a community.
    • Physical Law: Laws of physical science.
  • Strictly-Legal Sense:
    • Private Law: Regulates relations between individuals.
    • Public Law: Governs relations between an individual and the State.
    • Substantive Law: Establishes rights and duties.
    • Procedural Law: Enforces rights or claims.

Sources of Law

  • Constitution.
  • Legislation.
  • Administrative rules and regulations.
  • Judicial decisions or jurisprudence.
  • Custom and other supplementary sources.

Sanctions for Non-Observance

  • Fine.
  • Imprisonment.
  • Forfeiture of property.
  • Liability for damage.
  • Expulsion/Exile.

Obligation

  • Juridical necessity to give, to do, or not to do; derived from Latin obligation (tying or binding).

Elements of an Obligation

  • Active Subject: Can compel compliance.
  • Passive Subject: Compelled to perform.
  • Juridical Tie: Binds the parties.
  • Prestation: Object/undertaking of the obligation.

Kinds of Obligation

  • Civil Obligations: Gives right of action.
  • Natural Obligations: Based on equality, no right of action to enforce.

Key Articles

  • Article 1156: Obligation is a juridical necessity to give, to do, or not to do.
  • Article 1159: Obligations from contracts have the force of law.
  • Article 1167: If a person fails to do something, it shall be executed at his cost.
  • Article 1170: Sources of liability for damages include fraud, negligence, delay, and contravention of the tenor of the obligation.
    • Fraud – dolo, intentional non-performance of obligation; deception.
    • Negligence - culpa, carelessness or lack of diligence.
    • Delay – mora, on the part of the debtor
    • Contravention of the tenor of obligation –Violation of the stipulations in the obligation
  • Article 1174: No responsibility for unforeseen or inevitable events (fortuitous events/force majeure).

Extinguishment of Obligations (Article 1231)

  • Payment or Performance.
  • Loss of the thing due.
  • Remission.
  • Merger of rights.
  • Compensation.
  • Novation.
  • Other causes: annulment, rescission, compromise, impossibility, fortuitous event.

Payment

  • Delivery of money, rendition of service, and performance of obligation.
  • Article 1235: Payment produces extinguishment of obligation

Contract

  • An agreement effective to give rise to a civil obligation; parties can stipulate unless contrary to law, morals, etc.

Characteristics of Contracts

  • Consensuality: Perfected by mere consent.
  • Relativity: Takes effect only between parties, assigns, and heirs.
  • Mutuality: Binds both parties, validity/compliance cannot be left to one party’s will.
  • Autonomy: Parties may establish stipulations as they deem convenient.

Stages of a Contract

  • Generation (Negotiation).
  • Birth (Meeting of minds).
  • Termination (Performance of obligation).

Key Articles

  • Article 1314: Third person inducing another to violate a contract is liable for damages.
  • Article 1317: Requirements of a Person to Contract in the Name of Another (Agent)
    • Must be duly authorized.
    • Must have by law a right to represent him.
    • The contract must be subsequently ratified.
  • Requisites for a Valid Contract (Consent, Object, and Cause)

Types of Contract

  • Consensual: Perfected by mere consent.
  • Real: Requires consent + delivery.
  • Solemn: Requires consent + required formality.

Consent (Article 1319)

  • Conformity of wills, manifested by meeting of offer and acceptance.
  • Requirements: two or more parties, parties capable, no violation of consent, intent declared properly.

Offer

  • A proposal to enter into a contract.
  • Acceptance is always required, otherwise there is no meeting of minds and hence no agreement
  • Offer becomes ineffective prior to acceptance for several reasons, including death, insanity, insolvency, failure to comply with conditions, lapse of time, destruction of the thing due, rejection, or illegality.

Acceptance

  • Manifestation of agreement to the terms of the offer.
  • Must be absolute and constitute a counter-offer.

Persons Incapacitated to give Consent:

  • Unemancipated minor.
  • Insane or demented persons.
  • Deaf-mutes who do not know how to write.

Causes That Deem a Contract Voidable

  • 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.
  • 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 - Two kinds of Fraud: * Incidental Fraud * Casual Fraud

Objects of a Contract

  • Future things may be the object of a contract provided they have potential existence.
  • Requirements: Not outside commerce, transmissible, not contrary to law, possible, determinate.

Kinds of Defective Contracts

  • Rescissible: Can be rescinded for reparation of damage.
  • Voidable: Valid unless annulled by court action.
  • Unenforceable: Cannot be enforced unless ratified.
  • Void: No effect, cannot be ratified.

Contract For A Piece of Work

  • CONTRACTOR SUPPLIED MATERIALS (CSM)
  • OWNER SUPPLIED MATERIALS (OSM)

Two Common Forms of Contract For A Piece of Work

  • LUMP SUM CONTRACT
  • COST PLUS CONTRACT

Discharge of Contract

  • Performance.
  • Substantial Performance.
  • Impossibility of Performance.
  • Agreement.
  • Breach of Contract.

Damages

  • Estimated compensation for damage sustained.

Kind of Damages

  • Actual Damages.
  • Moral Damages.
  • Nominal Damages.
  • Temperate Damages.
  • Liquidated Damages.
  • Exemplary Damages.

National Building Code of the Philippines (PD 1096)

  • Adopted in 1977, revising R.A. No. 6541.
  • Policy: To safeguard life, health, property, and public welfare.
  • Purpose: Framework of minimum standards for buildings and structures.
  • Scope: Covers architecture, civil/structure, electrical, mechanical, sanitary, plumbing, electronics, and interior design.
  • Exemptions: Traditional indigenous family dwellings, BP 220 housing projects.

Administration and Enforcement

  • Secretary of Public Works, Transportation and Communications is responsible for administration and enforcement.
  • Building Officials: Enforce the code in the field.

Building Permits

  • Required for construction, alteration, repair, etc.

Types of Construction (Section 401)

  • Type I: Wood Construction
  • Type II: Wood Construction with fire-resistant materials
  • Type III: Masonry and wood construction
  • Type IV: Steel, iron, concrete, or masonry construction
  • Type V: Fire-resistive

Fire Zones

  • Areas where only certain types of buildings are allowed based on use, construction, and fire resistance.

Occupancy Classified (Section 701)

  • Group A: Residential Dwellings
  • Group B: Residential, Hotels, and Apartments
  • Group C: Education and Recreation
  • Group D: Institutional
  • Group E: Business and Mercantile
  • Group F: Industrial
  • Group H: Assembly Other Than Group I
  • Group I: Assembly Occupant Load 1000 or More
  • Group J: Accessory.