Beruflich Dokumente
Kultur Dokumente
2018-110071
ACTIVITY 5
I. Law of Contracts:
which begins from the time the prospective contracting parties manifest their interest in the
contract that leads to the perfection of the contract. Either party may stop the process or
as to the elements of the contract, particularly the essential ones (object and cause).
Consumption or death - the fulfillment of the respective obligations of the parties under
Consent - a meeting of the minds between parties with respect to the object and cause;
there is a certain offer by one party and there is an absolute acceptance by another party.
Object - the thing, right, or service to be provided or performed under the contract.
Cause (causa) - the essential purpose or reason for the contract: for onerous contracts,
the promise of a thing or service by the other; for remuneratory contracts, the service or benefit
which is being remunerated; and for contracts of pure beneficence, the mere liberality of the
benefactor.
The contract will not be perfected unless the aforementioned elements or requisites concur. In
Natural elements - those which are part of the contract even if the parties do not provide
(stipulate) them, and is presumed by law to exists; such as a warranty of hidden defects or
Accidental elements - those which are established or stipulated in the contract by the
contracting parties as they may deem convenient; such as stipulations, clauses, terms and
conditions.
c. A contract creates certain obligations on one or all parties involved. The discharge of a
contract happens when these obligations come to an end. There are many ways in which a
contract is discharged:
arising under the contract within the time and manner prescribed.
replace the contract with a new one or annul or remit or alter it.
Mistake - an erroneous belief (at the time of contracting) that certain facts are true. If
raised successfully, an allegation of mistake may lead to the contract being declared void ab
initio or voidable; but to be effective the mistake must be "operative". There are three types of
contributing reason for entering into an agreement, even if not the main reason, the agreement
may be voided.
of power over another person. This inequality in bargaining power may vitiate the weaker party's
consent.
commit a crime is not a lawful contract. An agreement required to be by deed (such as a transfer
of land, or most leases) that is only simple (merely oral or in writing) may be unenforceable.
II. Jurisprudence:
a. The major social institutions recognized by sociologists include family, religion, education,
c. The law serves many purposes and functions in society. Four principal purposes and functions
are establishing standards, maintaining order, resolving disputes, and protecting liberties
and rights.
d. There are four main divisions in schools of jurisprudence, namely (1) the Philosophical, (2)
the Analytical (including the comparative), (3) the Historical, and (4) the Sociological.
rules, administrative rules and orders, legislative rules and presidential issuances.
Treaties and Conventions - these have the same force of authority as statutes.
Judicial Decisions - Art 8 of the Civil Code provides that ‘judicial decisions applying to
or interpreting the laws or the Constitution shall form a part of the legal system of the
Philippines. Only decisions of its Supreme Court establish jurisprudence and are binding on all
other courts.
f. The judicial process is the procedure for resolving disputes through the court system. Unlike
the juridical process, it focuses on procedural rather than administrative matters. Procedural
matters include scheduling, the time allowed for filing an appeal, and hearing motions. The
judicial process deals with the matters before it, rather than with concepts. It may look to the
g. A legal rule, or law, is one which has been officially approved by a state's legislative body.
Legal rules are interpreted by courts who decide cases brought before them and may impose
sanctions upon those who violate these rules. Legal rules differ from non-legal rules, such as
customs or conventions. Violation of non-legal rules will still often result in consequences for
the party concerned, however these rules cannot be enforced by the judiciary like legal rules.
h. Personality is any human or non-human entity, in other words, any human being, firm, or
government agency that is recognized as having privileges and obligations, such as having the
ability to enter into contracts, to sue, and to be sued. Ownership is the legal right to the
possession of a thing. Property law is the area of law that governs the various forms of
ownership and tenancy in real property and in personal property, within the common law legal
system. In the civil law system, there is a division between movable and immovable property.
a. Preliminary topics:
choice of law problems in conflict of laws are resolved by the application of the law of the
jurisdiction which has the most significant relationship to or contact with event and parties to
facts relate (refer to the connecting factors) to the kind of question specified in a conflicts rule; to
Connecting factors - 1. Nationality of a person, his domicile, his residence, his place of sojourn,
or his origin; 2. The seat of a legal or juridical person, such as a corporation 3. The situs of a
thing, that is, the place where a thing is, or is deemed to be situated; 4. The place where an act
has been done; 5. The place where an act is intended to come into effect; 6. The intention of the
contracting parties as to the law that should govern their agreement; 7. The place where judicial
or administrative proceedings are instituted or done; 8. The flag of the ship, which in many
cases, is decisive of practically all legal relationships of the ship and of its master or owner as
such.
Renvoi Doctrine (Table Tennis Theory) - the conflict of law rule of the forum resorts to
the foreign law, which in turn refers back to the law of the forum.
b. Domicile is the country that a person treats as their permanent home, or lives in and has a
c. Husband and Wife is a man and woman who are legally married to one another and are
thereby given by law specific rights and duties resulting from that relationship. Marriage is a
special contract of permanent union between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the foundation of the family and an
inviolable social institution whose nature, consequences, and incidents are governed by law and
not subject to stipulation, except that marriage settlements may fix the property relations during
d. Children conceived or born during the marriage of the parents are legitimate. Legitimation
shall take place by a subsequent valid marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. Adoption is the action or fact of legally taking
another's child and bringing it up as one's own, or the fact of being adopted.
e. Jurisdiction is the practical authority granted to a legal body to administer justice within a
defined field of responsibility. Judgments obtained abroad may be recognized and enforced in
the Philippines. It is required, however, that an action be instituted here specifically for such
purpose. Our laws provide that a foreign judgment or order upon a specific thing shall be
conclusive upon the title to the thing (e.g., judgments for sums of money or ownership over
properties), and one against a person shall be presumptive evidence of a right between the parties
f. An obligation is a legal duty, however created, the violation of which may become the basis of
an action of law. A contract is an agreement through meeting of the minds between two persons
whereby one binds himself, with respect to the other, to give something or to render some
service. A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss
or harm resulting in legal liability for the person who commits the tortious act. A quasi-contract
is the act of a person, permitted by law, by which he obligates himself towards another, or by
which another binds himself to him, without any agreement between them.
g. Absolute community of property refers to the fusion of all the properties of the spouses
owned by them at the precise moment of the marriage and those assets acquired during their
marriage. Conjugal partnership of gains is a system that allows the spouses to keep the
ownership of assets that they bring to the marriage and those they may acquire during the
property and those that were bought with their individual funds. Separation of property is a
matrimonial regime under which the interest of the spouses are completely independent of each
other, there being a separation not only of assets, but also of liabilities.
h. Succession cases in the Philippines normally fall into two basic categories, Testate (with a
will) or Intestate ( without a will). If a deceased relative died with a will, whether executed in a
foreign country or not, the same can be probated in the Philippines. There is however a marked
difficulty when the will is executed abroad since the formalities and the law of the foreign state
normally must be proved. The process for this is called a probate of a will where the due
execution and authenticity of the will must be proved, the heirs identified, and creditors
including the government with respect to pending taxes notified, if any. After the distribution of
the estate of the deceased either through an agreed plan of settlement between the heirs or a court
mandate based on the law, titles to real properties are transferred in the names of the heirs so
designated and personal properties including cash in bank accounts distributed. A similar
procedure is followed in intestate cases except that there is no probate proceedings. The process
normally is adversarial and involves court proceedings necessitating the submission of evidence,
accounting and inventory of assets, and satisfaction of liabilities. The proceedings only end when
the estate is closed and all issues affecting the estate are dealt with, mediated, or agreed upon by
the heirs.
i. Procedural law consists of the set of rules that govern the proceedings of the court in criminal
lawsuits as well as civil and administrative proceedings. The court needs to conform to the
standards setup by procedural law, while during the proceedings. These rules ensure fair practice
and consistency in the "due process". Substantive law is a statutory law that deals with the legal
relationship between people or the people and the state. Therefore, substantive law defines the
rights and duties of the people, but procedural law lays down the rules with the help of which
they are enforced. The differences between the two need to be studied in greater detail, for better
understanding.
j. Public policy is the principled guide to action taken by the administrative executive branches
of the state with regard to a class of issues, in a manner consistent with law and institutional
customs. Private International Law of practically every country recognizes certain circumstances
in which the applicable of the foreign law that would otherwise be applicable is excluded.
ACTIVITY 6
ACTIVITY 8
6. Unenacted are laws originating from sources such as court decisions, custom and Roman
7. Law reports are series of books that contain judicial opinions from a selection of case
8. Formal enactments are declaration that a new statutory or administrative law is enacted
14. Sale of goods is a contracts in which goods are sold and bought, it means whereby the
seller transfer the property in the goods to the buyer for a consideration called price.
15. Partnership is a formal arrangement by two or more parties to manage and operate a
17. Statutes are formal written enactment of a legislative authority that governs a city, state,
or country.
18. Wholesale codification is the process of collecting and restating the law of a jurisdiction
in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.