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