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INTRODUCTION TO LAW

1. Definition of Law
a. Law in the generic sense
is defined as the science of moral laws based on the
rational nature of man, which governs his free
activity for the realization of his individual and
social ends, and which by its very nature is
demandable and reciprocal.
b. Human Positive Law
it is defined as a rule of conduct, just, obligatory,
promulgated by legitimate au-thority, and of
common observance and benefit.
2. Classification of Law
a. Natural Law promulgated impliedly
in our conscience and body
b. Human Positive Law A reasonable
rule of action, expressly or directly
promulgated by competent human
authority for the common good, and
usually, but nor necessarily, imposing a
sanction in case of disobedience
3. Classifications of Human Positive Law
a.
According to whether a right is given, or
merely the procedure for enforcement is laid
down
(1) SUBSTANTIVE LAW establishes rights and
duties
(2) REMEDIAL/PROCEDURAL/ADJECTIVE
LAW prescribes the manner of enforcing legal
rights and claims
b. According to scope or content of the law
(1) PRIVATE LAW regulates relations of the
members of a community with one another
(2) PUBLIC LAW governs the relations of an
individual with the State or ruler or community as a
whole
c. According to force or effect
(1) MANDATORY and/or PROHIBITORY LAWS
have to be complied with because they are
expressive of public policy; disobedience is

punished either by direct penalties or by considering


an act or contract void
(2) PERMISSIVE LAWS may be deviated from
4. Definition of Civil Law
It is the branch of law that generally treats of the
personal and family relations of an individual, his
property and successional rights, and the effects of
his obligations and contracts
5. Definition of Civil Code
It is a compilation of existing civil laws,
scientifically arranged into books, titles, chapters,
and sub-heads and promulgated by legislative
authority
6. Distinguish Civil Law from Political Law
Political Lawis that branch of public law which
deals with the organization and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory.
Branch of public law which deals with the
organization and operation of the governmental
organs of the state and defines the relations of the
state with the inhabitants of its territory
Civil law- law is that branch of law which has for
its double purposes the organization of the family
and the regulation of property.
7. Distinguish Civil Law from Civil Code
Civil law is defined as the mass of precepts which
determines and regulates those relations of
assistance, authority and obedience existing among
members of a family as well as among members of
a society for the protection of private interests.
A Civil Code may be defined as a collection of
laws, which regulates the private relations of the
members of civil society, determining their
respective rights and obligations, with reference to
persons, things, and civil acts.
8. Definition of Rights
a: a claim recognized and delimited by law for the
purpose of securing it

b: the interest in a claim which is recognized by


and protected by sanctions of law imposed by a
state, which enables one to possess property or to
engage in some transaction or course of conduct or
to compel some other person to so engage or to
refrain from some course of conduct under certain
circumstances, and for the infringement of which
claim the state provides a remedy in its courts of
justice
9. Distinguish Laws from Rules
The main difference between rules and laws is the
consequences associated with breaking them. While
each is developed to invoke a sense of order, fair
play, and safety, the weight of a law is much heavier
than the weight of a rule.
Laws are like the legal version of rules. When you
are a child, a parent sets rules to be followed. When
you are in a society, the government sets laws to be
followed. When a rule is broken, the consequences
tend to be uncomfortable but mild in comparison to
the breaking of a law.
Laws are enforced by a higher governmental office,
usually the police and the prosecutors office. Laws
are written in specific code so that they can be
interpreted as needed. When you break a law there
is legal action that follows, provided that you are
caught.
Rules are more flexible and carry low end
consequences. You can set up rules for games, rules

for the home, even rules for fighting or being


intimate with a partner. Rules are personal in nature,
and they are often adjusted as the conditions and
circumstances of the home change.

10. What is the physical or mechanical


composition of the Civil Code of the
Philippines
The Civil Code of the Philippines consists of 2,270
articles which are divided as follows:
(1) Preliminary Title Arts. 1-36.
(2) Book 1 Persons Arts. 37-51, NCC; Arts.
1-257, FC; Arts. 305-310, NCC; Arts. 356-396,
NCC; and Arts. 407-413, NCC.
(3) Book II Property, Ownership, and its
Modications Arts. 414-711.
(4) Book III Modes of Acquiring Ownership
Arts. 712-1155.
(5) Book IV Obligations and Contracts Arts.
1156-2251.
(6) Transitional Provisions Arts. 2252-2269.
(7) Repealing Clause Art. 2270.

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