...LAW * any rule of action (state law, divine law, natural law, moral law) or any system of uniformity (physical law) * determines not only activities as rational beings but also the movements of all objects of creation, animate or inanimate GENERAL DIVISIONS 1.) Law which is promulgated and enforced by the state * State Law—also called positive law, municipal law, civil law, imperative law ; enforced by the state with the aid of its physical force ; does not concern itself w/ violations of the other rules of action unless they also constitute violations of its commands. 2.) Law which is not promulgated and enforced by the state * Divine Law—law of religion and faith ; concerns itself with the concept of sin and salvation ; promulgated by means of direct revelation ; sanction is through reward and punishment * Natural Law—the divine inspiration of sense of justice, fairness and righteousness by internal dictates of reason alone ; basic understanding of right and wrong dictated his moral nature ; reasonable basis of state law * Moral Law— is the totality of the norms of good and right conduct from the collective sense of every community ; no definite legal sanction but induces social reaction, either positive or negative ; not absolute, but varies from time to time ; influences or shapes state law * Physical Law—nothing more than an order or regularity in nature by which certain results follow certain causes CONCEPTS General— the mass of...
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...Tema 2 del programa de la asignatura: CUMPLIMIENTO E INCUMPLIMIENTO DE LAS OBLIGACIONES: Aparece explicado en los temas 4, 5, 6 y 7 del manual recomendado de BERCOVITZ, exponiéndose a continuación las equivalencias de cada epígrafe. 1. EL CUMPLIMIENTO O PAGO DE LA OBLIGACIÓN. - Tema 5 del manual: 1. Los medios solutorios. 2. El pago (págs. 77 y 78). 1.1. Requisitos subjetivos y objetivos. - Tema 5 del manual: 2. El pago. 2.1. El pago por tercero. 2.2. Legitimación y capacidad de los sujetos del pago. 2.3. Exactitud de la prestación (págs. 78 a 88). 1.2. Circunstancias del pago. - Tema 4 del manual: 1. El tiempo de la relación obligatoria. 2. Las obligaciones a plazo. 3. El lugar de la relación obligatoria (págs. 61 a 65). * Nota: El apartado 4 del Tema 4 del manual (titulado: La relación obligatoria condicional y comprensivo de las págs. 66 a 75) es objeto de estudio en el Tema 5 del programa de la asignatura, dentro del último epígrafe referido a los Elementos accidentales del contrato: condición, término y modo. 1.3. Imputación del pago. - Tema 5 del manual: 3. La imputación de pagos (págs. 89 a 94). 1.4. Formas especiales de pago. - Tema 6 del manual: 1. Introducción. 2. La consignación. 4. La dación en pago y el pago por cesión de bienes (págs. 95 a 99 y 108 a 112) * Nota: Los apartados 3 y 5 del Tema 6 del manual (titulados: La compensación (págs. 99 a 108) y La remisión o condonación de la deuda (págs. 112 a 114) serán objeto de estudio en el Tema 4 del programa...
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...not be able to comply with my obligation to the University and the College of Commerce with this absence. The question is why do I have the obligation to the school to teach Law1, anyway? What is my relationship to the school such that it can impose consequences on my non-compliance? In other words, what is the source of my obligation to teach? In exchange, is the school obligated to do something for me in return or exchange for my duty? Your employment is an agreement that you and the University and the College of Commerce have; it imposed on you a positive personal obligation. You are an obligor, indebted to teach Law 1 to classes that the College, your obligee, assigns to you. Such obligations are sourced from your contract with the employer and the state laws on employment. In exchange for your duty, the University is obliged to pay you a salary considered fair by both you and the law. 2. “Family first,” we hear every now and then. In the case of one famous politician and cabinet member, it’s “famiLATE first,” because he has once said he does not take the train or the public commute even if the traffic will cause him to be late because he is the one bringing his kids to school every morning. Anyway, how about these familial obligations, the fact for example that I am driving my visiting eldest brother and his family today? The duty seems to come naturally, hence, a natural obligation. What is that? Is that even a legal obligation? Can you give other examples?...
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...1. What are the requisites of Dacion en pago? a. partial or relative insolvency of the debtor; acceptance by the creditor of the cession and plurality of debts b. initiative for substitution must emanate from the old debtor; consent of the new debtor; acceptance by the creditor and old debtor must be released from his obligation c. must be intelligent, free, spontaneous and real; must be manifested by the concurrence of the offer and acceptance and parties must possess the necessary legal capacity d. creditor’s satisfaction; alienation of the debtor’s property to the creditor and pre-existing debt of money between the parties 2. It is a remedy where through written instrument, the parties can conform their real intention as when some error has been committed. a. prescription of instruments b. ratification of instruments c. reformation of instruments d. novation of instruments 3. These are contracts where in all the necessary elements for its legitimacy are present but the consent is rejected due to lack of legal capacity by one of the parties, violence, fraud, mistake or intimidation even though there may have been no damage to the contracting parties. a. Rescissible contracts b. Fraudulent contracts c. Voidable contracts d. Pending contracts 4. Which of the following scenarios exhibits Dolo Causante? a. A certain petroleum company allegedly mixed one quart of diesel for every four quarts of unleaded gasoline...
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...North South University LAW 200 (Business Law) Assignment 1 Submitted To: Barrister Arife Billah Lecturer, School of Business Date: 22 February, 2013 Submitted By: Arnab Paul ID: 1030818030 Section: 9 Title: The Law of Contract confines itself to the enforcement of voluntarily created civil obligations Abstract This assignment focuses to determine the relationship between the Law of Contract and voluntarily created civil obligations. It is intended to find out how contract law defines its scope within the enforcement of civil obligations. Civil obligations are raised from contracts, among several other sources of obligations. If the contracts are created voluntarily, the relevant obligations are thus voluntary. Since the contract law presumes that to create a contract there must be a common intention of the parties to enter into legal obligations, it is also assumed that the parties will enter into a contract voluntarily. When it comes to the discussion about civil obligations, contract law defines its boundary within the enforcement of civil obligations. This research paper was created with the motive to finding out how the contract law confines itself to the enforcement of civil obligations. Introduction We enter into contracts in our everyday general activities. Paying fare to the taxi driver amounts to entering into a contract. When you recharge your prepaid cell phone account, you have entered into a contract. You go to a restaurant and take snacks; you have entered...
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...‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. Rifatul Ahsan Yasdany ID: 102 0273 030 Law 200 Section-09 Date: 22-02-2013 Declaration i. The topic referred to in this assignment has not been submitted for another degree or qualification of this or any other University or other Educational Institution. And ii. The ownership of any Intellectual property rights, which may be described in this paper, is vested in the North South University, subject to any prior agreement to the contrary, and may not be made available for use by third parties without the written permissions of the University, which will prescribe the terms and conditions of any such agreement. Title: ‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. ABSTRACT This essay attempts to focus on the scope of the law of contract in relation to its enforcement capability of voluntarily created civil obligation. In an attempt to do so, the basic elements of the law of contract were discussed. Then attention was directed to civil obligation. Various interpretation of the civil law or obligation revealed its voluntary nature. Then in an attempt to create a link between the law of contract and civil obligation, both the concepts were related and it was found out that contract law did indeed enforce voluntary civil obligations. Finally, this view was countered...
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...Political Obligation First published Tue Apr 17, 2007; substantive revision Fri Apr 30, 2010 To have a political obligation is to have a moral duty to obey the laws of one's country or state. On that point there is almost complete agreement among political philosophers. But how does one acquire such an obligation, and how many people have really done what is necessary to acquire it? Or is political obligation more a matter of being than of doing — that is, of simply being a member of the country or state in question? To those questions many answers have been given, and none now commands widespread assent. Indeed, a number of contemporary political philosophers deny that a satisfactory theory of political obligation either has been or can be devised. Others, however, continue to believe that there is a solution to what is commonly called “the problem of political obligation,” and they are presently engaged in lively debate not only with the skeptics but also with one another on the question of which theory, if any, provides the solution to the problem. Whether political obligation is the central or fundamental problem of political philosophy, as some have maintained (e.g., McPherson), may well be doubted. There is no doubt, however, that the history of political thought is replete with attempts to provide a satisfactory account of political obligation, from the time of Socrates to the present. These attempts have become increasingly sophisticated in recent years, but they have...
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...There is almost complete agreement among philosophers that a political obligation exists, or that there is a moral obligation to obey the law. There are numerous accounts of “political obligation,” or a moral obligation to obey the law of whatever state or country one lives in. Yet, a satisfactory account of political obligation—one that most political philosophers can agree on—has not yet been made, though attempts go back to at least as far as Socrates’ time. I will argue that there is no general prima facie moral obligation to obey the law, though there are various ethical reasons to obey most laws. Hobbes views fidelity to law as necessary for two reasons: an agreement to obey the law is part of the social contract—once the agreement to obey the sovereign is made, breaking the law is immoral. Secondly,...
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...2007-2008 |I. |Course Code |: |LAW 1 | |II. |Course Title |: |OBLIGATION AND CONTRACTS | |III. |Course Credit |: |3 units | |IV. |Course Description |: |This course deals with the basic principles of law in relation to contracts and obligations. It involves discussion of the nature, sources, kinds and extinguishments of contracts and | | | | |other miscellaneous topics relevant to the course. Topics include general legal concepts of enforceable rights of obligation: types of laws and national legal systems: nature, purpose,| | | | |scope and key principles of national legislation; sources of obligations; kinds of obligations under the Civil Code; specific circumstances affecting obligations in general (fortuitous| | | ...
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... an obligation to obey the laws of the state? Why? Are we being legitimately coerced? But we agreed Morally right thing to do Political obligation is the obligation to obey the law because it is the law because there is some independent moral justification for doing what this or that law requires We could argue that we shouldn’t drive recklessly, because it endangers the lives of other people (moral) It is different from arguing that we shouldn’t drive recklessly because it is against the law. Political obligation is whether we have a general obligation to obey the law, or just an obligation to obey this law or that law? Why do we have this obligation? Some argue that it is rational to obey the law But is it? Consider this We take individuals to be free and equal. The law ...
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...apparently exists between religion and morality tends to uphold the claim that there is need for a religious foundation that can define moral truths, or that such truths can be best elaborated by the existence of God, or some actions or qualities of God. This essay focuses on the various types of moral arguments, with the intention of drawing on the distinction between practical and theoretical or pragmatic moral arguments. As such, this paper asserts that from the moral perspective, mortal obligations constitute of rules that are imposed by a supreme being that can only be explained by a Godly figure. Moral Arguments for the Existence of God There are various moral arguments that have been established in support of the existence of God, some of which will be discussed in this section. One of the theistic moral argument versions that is easily understandable relies on the analogy between moral laws and the human laws that are developed and enforced by nation-states. Sovereign laws develop and enforce laws that forbid or permit certain acts. Case in point, if one is a citizen of the United States and they earn a limited amount of tax income, they are obligated to file for...
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...CIVIL LAW REVIEWER TABLE of CONTENTS OBLIGATIONS Table of Contents Chapter II. Nature and Effect of Obligations93 I. Kinds of Prestations ............................93 II. Breach of Obligation............................94 III. Fortuitous Event (Force Majeure) .......96 IV. Remedies to Creditors ........................96 V. Usurious Transactions and Rules on Interest .........................................................97 Chapter III. Different Kinds of Obligations ..98 I. Pure and Conditional Obligations .......98 II. Reciprocal Obligations ......................100 III. Obligations with a Period ..................100 IV. Alternative and Facultative Obligations 101 V. Joint and Solidary Obligations ..........103 Effects of Prejudicial and Beneficial Acts (Art.1212) ...................................................105 VI. Divisible and Indivisible Obligations..106 VII. Oblligations with a Penal Clause ..106 Chapter IV. Extinguishment of Obligations .......................................................................107 I. Payment or Performance ..................107 II. Loss or Impossibility..........................109 III. Condonation or Remission of the Debt 109 IV. Confusion or Merger of Rights ..........110 V. Compensation ...................................110 VI. Novation ............................................111 Charts: Payment & Performance ................114 90 OBLIGATIONS Chapter I. General Provisions...
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...ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER OBLIGATIONS AND CONTRACTS • TITLE 1 - OBLIGATION • Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n) CHAPTER 1. – GENERAL PROVISIONS See Arts. 1156 - 1162 ELEMENTS OF AN OBLIGATION: 1. Active subject (obligee/creditor): one in whose favor the obligation is constituted 2. Passive subject (obligor/debtor): one who has the duty of giving, doing or not doing 3. Object: prestation; the conduct which has to be observed by the debtor/obligor REQUISITES 1. it must be licit (otherwise it is void) 2. it must be possible, physically and juridically (otherwise it is void) 3. it must be determinate or determinable (otherwise it is void) 4. it must have pecuniary value a. Vinculum Juris: juridical/legal tie; binds the parties to the obligation b. Causa (causa debendi/causa obligationes): why obligation exists SOURCES OF OBLIGATION Art. 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a) forth CONTRACT (OBLIGATION EX CONTRACTU) • Must be complied with in good faith • it is the “law” between parties; —Adviser: Dean Cynthia del Castillo QUASI-CONTRACT (OBLIGATION EX QUASICONTRACTU) • Juridical relation resulting from lawful, voluntary and unilateral acts, which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another. • Distinguished...
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...Governance BUSINESS LAW REVIEW REVIEW ON LAW ON OBLIGATIONS (Articles 1156-1304 of the Civil Code) I. Obligations – General Provisions 1. Meaning of “Law on Obligations and Contracts”? The law on obligations and contracts is the body of rules which deals with the nature and resources of obligations and rights and duties arising from agreements and contracts. 2. Source of the Law on Obligations and Contracts is the Civil Code of the Philippines (Republic Act No. 388) which took effect August 30, 1950. The Civil Code is derived from the Civil Code of Spain of 1889. 3. Meaning of obligation: Code basis Article 1158 – obligation is juridical necessity to give to do or not to do. 4. Criticism as to the definition of the Civil Code by Justice J.B.L. Reyes. It views obligation from the debit side. There is no debt with credit and the credit is an asset in the patrimony of the creditor just as the debt is the liability of the obligor. Better definition: the one given by Arias Ramos, one of the commentators of the Civil Code: An obligation is a juridical relation whereby a person (called creditor) may demand from another (called debtor) the observance of a determinative conduct (the giving, doing or not doing) and in case of breach, may demand satisfaction from assets of the latter. 5. Kinds of obligations based on its definition: Real obligation – obligation to give Personal obligation – obligation to do or not to do Two kinds of personal obligation a) Positive personal obligation – to do b) Negative...
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...Re: Recognition of Asset Retirement Obligations for Lack of Information Date: June 2, 2014 Background Lack of Information (LOI) owns and operates 50 warehouses throughout the country. As part of LOI’s efforts to identify potential asset retirement obligations, LOI’s internal audit group held interviews with all 50 of the warehouse managers and also performed site visits at each of the 50 locations. The related findings of the interviews and site visits noted the following facts: Number of Warehouses | State Laws | Plans to Sell | 25 w/ no asbestos | N/A | N/A | 2 w/ asbestos | No state requirements re: removal of asbestos when significantly renovated or demolished | * Under contract to sell * Buyer has option to require LOI to remove asbestos * LOI believes only 10% chance Buyer will require removal | 10 w/ asbestos | State laws requiring removal of asbestos when significantly renovated or demolished | To be sold w/in 5 years | 13 w/ asbestos | State laws requiring removal of asbestos when significantly renovated or demolished | Plan to operate indeterminately | Issue Should LOI recognize an asset retirement obligation for each of the categories of warehouses with asbestos? Analysis FASB Accounting Standards Codification (ASC) Subtopic 410-20 Asset Retirement Obligations presents the relevant guidance on asset retirement obligations. Per ASC 410-20-15-2, asset retirement obligations include: “a. Legal obligations associated with the retirement of a...
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