You are on page 1of 4

Introduction To Law Judicial Decisions/Jurisprudence-the

decisions of courts, particularly the Supreme


Law-any rule of action or any system of
Court, applying or interpreting the laws or
uniformity
the Constitution
Divine Law-the law of religion and faith
Doctrine of precedent/stare decisis-the
which concerns itself with the concept of sin
decisions of a superior court on a point of law
and salvation
are binding on all subordinate courts
Natural Law0the divine inspiration in man
Custom-habits and practices which through
of the sense of justice, fairness, and
long and uninterrupted usage have become
righteousness, not by divine revelation or
acknowledged and approved by society as
formal promulgation, but by internal dictates
binding rules of conduct
of reason alone
Remedial sanction-if the object is the
Moral Law-the totality of the norms of good
indemnification of the person who has
and right conduct growing out of the
suffered damages or injury from a violation
collective sense of right and wrong of every
of law
community
Penal Sanction-if the object is the
Physical Law-in the operation or course of
punishment of the violator
nature, there are uniformities of actions and
orders of sequence which are the physical Substantive law-portion of the body of law
phenomena that we sense and feel creating, defining, and regulating rights and
duties which may be either public or private
State Law-the law that is promulgated and
in character
enforced by the state
Adjective law-portion of the body of law
-AKA positive, municipal, civil,
prescribing the manner or procedure by
imperative law
which rights may be enforced or their
-(general sense) the mass of violations redressed
obligatory rules established for the
-remedial, procedural law
purpose of governing the relations of
persons in society Public Law-the body of legal rules which
regulates the rights and duties arising from
-(specific sense) a rule of conduct,
the relationship of the state
just, obligatory, promulgated by
legitimate authority and of common Criminal law-the law which defines crimes
observance and benefit and provides for their punishment
Constitution-the written instrument by International law-law which governs the
which the fundamental powers of the relations among nations or states
government are established, limited, and
Constitutional law-which governs the
defined and by which these powers are
relations between the state and its citizens
distributed among the several departments
for their safe and useful exercise for the Administrative law-governs the methods
benefit of the people by which the functions of administrative
authorities are to be performed
-fundamental, supreme, highest
law Criminal procedure-branch of private law
which governs the methods of trial and
Legislation-consists in the declaration of
punishment in criminal cases
legal rules by a competent authority
Private Law-the body of rules which
Administrative
regulates the relations of individuals with one
another for purely private ends
Civil procedure-branch of private law which Wrong-an act or omission of one party in
provides for the means by which private violation of the legal right or rights (i.e.
rights may be enforced recognized by law) of another
Law of obligations and contracts-the Real Obligation-the subject matter is a
body of rules which deals with the nature thing which the obligor must deliver to the
and sources of obligations and the rights and obligee
duties arising from agreements and the
Personal Obligation-the subject matter is
particular contracts
an act to be done or not to be done
Contracts-when they arise from the
stipulation of the parties
-a meeting of minds between 2
CHAPTER 1 GENERAL PROVISIONS
persons whereby one binds himself, with
Obligation-a tie or bond recognized by law respect to the other, to give something or to
by virtue of which one is bound in favour of render some service
another to render something---and this may
Quasi-contracts-when they arise from
consist in giving a thing, doing a certain act,
lawful, voluntary and unilateral acts which
or not doing a certain act
are enforceable to the end that no one shall
Juridical necessity-in case of be unjustly enriched or benefited at the
noncompliance, the courts of justice may be expense of another
called upon by the aggrieved party to
-juridical relation resulting from lawful,
enforce its fulfilment or in default thereof,
voluntary and unilateral acts by virtue of
the economic value that it represents
which the parties become bound to each
Civil Obligations-obligations which give to other to the end that no one will be unjustly
the creditor or oblige a right under the law to enriched or benefited at the expense of
enforce their performance in courts of justice another

Natural Obligations-not being based on Crimes or acts or omissions punished by


positive law but on equity and natural law, law-when they arise from civil liability which
do not grant a right of action to enforce their is the consequence of a criminal offense
performance
Quasi-delicts/torts-when they arise from
Passive subject/debtor/obligor-the damage caused to another through an act or
person who is bound to the fulfilment of the omission, there being fault or negligence, but
obligation; he who has a duty no contractual relation exists between the
parties
Active subject/creditor/obligee-the
person who is entitled to demand the -an act or omission by a person which
fulfilment of the obligation; he who has a causes damage to another in his person,
right property, or rights giving rise to an obligation
to pay for the damage done, there being
Object/prestation/subject matter of the fault or negligence but there is no pre-
obligation-the conduct required to be existing contractual relation between the
observed by the debtor (in giving, doing, not parties
doing)
Compliance in good faith-compliance or
Juridical/legal tie/efficient cause-which performance in accordance with the
bins or connects the parties to the obligation, stipulations or terms of the contract or
source of the obligation agreement (sincerity, honesty)
Right-the power which, a person has under Negotiorum gestio-the voluntary
the law, to demand form another any management of the property or affairs of
prestation
another without the knowledge or consent of Accessions-the fruits of a thing or additions
the latter to or improvement upon a thing (the
principal)
Solution indebiti-the juridical relation
which is created when something is received Accessories-things joined to or included
when there is no right to demand it and was with the principal thing for the latters
unduly delivered through mistake embellishment, better use or completion
CHAPTER 2 NATURE AND EFFECT OF Ordinary delay-the failure to perform an
OBLIGATONS obligation on time
Specific/determinate thing-particularly Legal delay-the failure to perform an
designated or physically segregated others obligation on time which failure constitutes a
of the same class breach of the obligation
-identified by its individuality; debtor
Mora solvendi-the delay on the part of the
cannot substitute it with another
debtor
Generate/indeterminate thing-when it
Mora accipiendi-the delay on the part of
refers only to a class or genus to which it
the creditor
pertains and cannot be pointed out with
particularity Compensation morae-delay of the obligors
-identified only by its specie; debtor in reciprocal obligations; the delay of the
can give anything of the same class as long obligor cancels the delay of the obligee and
as it is of the same kind vice versa
Diligence of a good father of a family- Contractual negligence (culpa
ordinary care, diligence which an average (a contractual)-negligence in contracts
reasonably prudent) person exercises over resulting in their breach
his own property
Civil negligence (culpa aquiliana)-
Natural fruits-the spontaneous products of negligence which by itself is the source of an
the soil and the young and other products of obligation between the parties not so related
animals before by any pre existing contract (tort or
quas-delict)
Industrial fruits-those produced by lands of
any kind through cultivation or labor Criminal negligence (culpa criminal)-
negligence resulting in the commission of a
Civil fruits-those derived by virtue of a
crime
juridical relation
Fault/negligence-the failure to observe for
Perfection (of the contract)-refers to the
the protection of the interests of another
birth of the contract or the meeting of the
person, that degree of care, precaution and
minds between parties
vigilance which the circumstances justly
Personal Right-the right or power of a demand, whereby such other person suffers
person (creditor) to demand from another injury
(debtor) as a definite passive subject, the
Damages-signify the money compensation
fulfilment of the latters obligation to give, to
awarded to a party for loss or injury resulting
do or not to do
from breach of contract or obligation by the
Real Right-the right or interest of a person other
over a specific thing (like ownership,
Fortuitous events-any event which cannot
possession, mortgage), without definite
be foreseen, or which, though foreseen, is
passive subject against whom the right may
inevitable
be personally enforced
-an event which is either impossible to
foresee or impossible to avoid
Ordinary fortuitous events-those events Conclusive presumption-one which cannot
which are common and which the be contradicted, like the presumption that
contracting parties could reasonably foresee everyone is conclusively presumed to know
(rain) the law
Extraordinary fortuitous events-those Disputable/rebuttable presumption-one
events which are uncommon and which the which can be contradicted or rebutted by
contracting parties could not have presenting proof to the contrary
reasonably foreseen (earthquake, fire, war,
Contract of partnership-2 or more persons
pestilence, unusual food)
bind themselves to contribute money,
Simple loan/mutuum-a contract whereby property or industry to a common fund, with
one of the parties delivers to another, money the intention of dividing the profits among
or other consumable thing upon the themselves
condition that the same amount of the same
Contract of agency-a person binds himself
kind and quality shall be paid
to render some service or to do something in
Usury-contracting for or receiving interest in representation or on behalf of another, with
excess of the amount allowed by law for the the consent or authority of the latter
loan or use of money, goods, chattels, or
Contract of commodatum-one of the
credits
parties delivers to another something not
Presumption-the inference of a fact not consumable (car) so that the latter may use
actually known arising from its usual the same for a certain time and return it
connection with another which is known or
proved

You might also like