Basics Of Law.docx

ACTIVITY 5

I.

Law of Contracts:

a. A contract undergoes three stages: Preparatory or conception - process of formation through bargaining or negotiation, 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 withdraw an offer made. Perfection or birth - process of arriving at a definite agreement or meeting of the minds 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 the contract, resulting to its accomplishment and extinguishment. b. A contract has the following essential elements: 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 addition, a contract also has: 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 eviction in contract of sale. 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:

1) Discharge by Performance - When the parties to a contract fulfill the obligations arising under the contract within the time and manner prescribed. 2) Discharge by Mutual Agreement - If all parties to a contract mutually agree to replace the contract with a new one or annul or remit or alter it. 3) Discharge by Breach of Contract - If a party to a contract fails to perform his obligation according to the time and place specified. 4) Discharge by the Impossibility of Performance - If it is impossible for any of the parties to the contract to perform their obligations. d. The vitiating factors in the law of contract are: 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 contractual mistake: 'unilateral mistake', 'mutual mistake' and 'common mistake'. Duress - involves illegitimate threats of a physical nature. Where the threat is a contributing reason for entering into an agreement, even if not the main reason, the agreement may be voided. Undue influence - an equitable doctrine whereby a person takes advantage of a position of power over another person. This inequality in bargaining power may vitiate the weaker party's consent. Illegality - an agreement must be lawful in both form and content. An agreement to 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. Wagers are usually lawful, but rarely enforceable.

II. Jurisprudence: a. The major social institutions recognized by sociologists include family, religion, education, media, law, politics, and economy. b. Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

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. e. The main sources of Philippine law are: The Constitution - the fundamental and supreme law of the land Statutes - including Acts of Congress, municipal charters, municipal legislation, court 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 juridical process for guidance. 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.

III. Conflict of Laws: a. Preliminary topics: Center of gravity doctrine (most significant relationship theory; grouping of contacts) 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 litigation and the issue therein. Characterization (Doctrine of Qualification) - process of deciding whether or not the facts relate (refer to the connecting factors) to the kind of question specified in a conflicts rule; to enable the forum to select the proper law Application of Foreign Law - 1. By statutory directives (consent of the State); 2. By agreement of the parties; 3. By treaty or convention; and 4. By conflict of laws rule. 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 substantial connection with. Corporation is a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law. 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 the marriage within the limits provided by the Family Code.

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 (e.g., divorce decrees, etc.). 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 marriage by gratuitous title or by right of redemption, barter or by exchange with separate 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

1.

Declarers are ones that declares specifically.

2.

Aspect is a particular part or feature of something.

3.

Solemnity is the state or quality of being serious and dignified.

4.

Misleading is giving the wrong idea or impression.

5.

Enacted is to establish a law by legal and authoritative act.

6.

Unenacted are laws originating from sources such as court decisions, custom and Roman

law rather than legislation passed by legislative and administrative bodies. 7.

Law reports are series of books that contain judicial opinions from a selection of case

law decided by courts. 8.

Formal enactments are declaration that a new statutory or administrative law is enacted

after its final approval. 9.

Set is a collection of distinct objects, considered as an object in its own right.

10.

Codified is arrange (laws or rules) into a systematic code.

11.

Preponderate over is to exceed in influence, power, or importance.

12.

Predominant is present as the strongest or main element.

13.

Legislative enactment is the process of turning a bill into a law.

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

business and share its profits. 16.

Casts is to predict, to decide, to plan.

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.