Thursday, October 12, 2017

Law On Obligation And Contracts

Law on Obligations & Contracts 1 . WHAT IS LAW? A body of rules recognized by a particular country or community as the regulating actions of its members enforced by a sovereign political authority which it may be enforce by the imposition of penalties. law is the set of rules that guides our conduct in the society and is enforceable through public agencies. we obey these rules because we believe that this is right or simply because we desire the approval of others. 2. DIVISIONS OF LAW The philippine law is divided into three: the civil law, the criminal law, and the .

CONCEPTS OF LAW The concept of law is among the first to have occupied legal theory and one that at some stage most legal scholars are bound to face in some form. further, in the view of several influent legal theorists the problem of the concept of law is a question that ideally precedes all other questions of law because many legal problems have their root precisely in the nature of law. Once we determine the nature of the legal phenomenon we can have an adequate approach to the question of what is law and what not law is. . CHARACTERISITICS OF LAW These are the following characteristics the law will present: It Is A Set Of Rules It Regulates The Human Conduct It Is Created And Maintained By The State It Has A Certain Amount Of Stability, Fixity, And Uniformity It Is Backed By Coercive Authority Its Violation Leads To Punishment It Is The Expression Of The Will Of The People And Is Generally Written Down To Give Its Definiteness It Is Related To The Concept Of ''Sovereignty Which Is The Most Important Element Of The State 5.

FUNCTIONS OF LAW The law is the body of rules and its function is to guide the people through the ules or guidelined imposed by the state or the authorities upon its members which is designed to regulate human conduct wthin the community or society. The law shall outlines what people can and cannot do, protects public order in terms of criminal outlines what th government can do and what it cannot do, andand helps us to protect us and keep people safe. . SOURCES OF LAW These are some of the sources of the philippine law: Constitutions Administrative Or General Orders Not Contrary To The Constitution Statutes, Presidential Decree, Executive Orders Or Batas Pambansa, And Bills Jurisprudence And Judicial Customs Principles Of Legal Hermeneutics Equity And General Principles Of Law And Its Moral 7.

ORGANIZATIONS OF COURT Philippine court system: Review courts: Supreme court Court of appeals Trial courts: Regional trial court Provincial regional trial court Metro manila regional trial court Metropolitan trial court Municipal trial court Municipal circuit trial court Special courts: Court of tax appeals Sandigan bayan 8. CLASSIFICATION OF LAW There Are Two Different Classification Of Law In The Philippines, The Substantive And The Procedural Law Substantive law is the law that creates, defines and regulates.

Procedural law defines the method of the proceedings in the enforcement of the rights and duties defined in the substantive law. There are two classifications of law according to application, the public law and the privbate law. example- the revised penal code. Private law defines relationships between individuals like the civil code or commercial laws. The Philippine Law Can Also Be Classified Into Criminal Law And Civil Law. 9. WHAT IS OBLIGATION AND CONTRACTS?

Obligation- obligation is the Juridical relation, created by the virtue of certain acts, between two or more persons, whereby the creditor or obligee may demand of the debtor or obligor a definite prestation and where there is a right or power to demand, there is a correlative obligation or imposition upon a person of a definite conduct. Contracts- contracts is the meeting of minds of two people whereby one binds himself with respect to the other to give something or to render service. It is also a juridical convention manifested in legal forms, by virtue of which one or nore persons bind themselves in favor of the other.

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