Name: Ellenika L.

Budol Subject: Law of Obligation and Contract

Year and Section: 3rd Year - I602 Date: 11/18/2017

What is Law?

Law is:

1. A recognized causal link or principle whose violation must or should result in a penalty as failure,

injury, loss, or pain.

2. The binding rules of conduct meant to enforce justice and prescribe duty or obligation, and

derived largely from custom or formal enactment by a ruler or legislature. These laws carry with

them the power and authority of the enactor, and associated penalties for failure or refusal to

obey. Law derives its legitimacy ultimately from universally accepted principles such as the

essential justness of the rules, or the sovereign power of a parliament to enact them.

3. A description of a direct link between cause and effect of a phenomenon deduced from

experiments and/or observations.

What are the Classifications of Law?

Substantive Law or Procedural Law

A substantive law is a law that creates and controls the rights and duties of parties. A

specific example of a substantive law is a law prohibiting trespassing on anothers property.

 A procedural law, on the other hand, is a law that creates and controls the process of

enforcing the rights and duties under substantive law. General examples include the rules of

evidence, jurisdiction, and pleading and practice (which are referred to as either civil procedure

or criminal procedure, depending on the type of proceeding). We will discuss civil procedure. A

specific example of a procedural law is a statute of limitations.

Civil Law or Criminal Law

Civil law is the law of private rights and duties. As with substantive law, general examples

include the laws regarding torts, contracts, and real property. A specific example of a civil law is

a law providing that all contracts for the sale of real property must be in writing. Why is it a civil

law? Because it deals with duties between private parties; and any violation of it is a wrong

between the parties, not a wrong against the whole community.

Criminal law, on the other hand, is the law of public rights and duties; put another way, it is

the law that creates and controls wrongs committed against the whole community. Criminal law

violations are called crimes. Specific examples include laws against assault, burglary, and

robbery.

What is Obligations?

something by which a person is bound or obliged to do certain things, and whicharises out of a

sense of duty or results from custom, law, etc.

something that is done or is to be done for such reasons:.

a binding promise, contract, sense of duty, etc.

the act of binding or obliging oneself by a promise, contract, etc.

What are the sources of obligation?

Obligations arise from:

(1) Law;

(2) Contracts;

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts. (1089a)

LAW (OBLIGATION EX LEGE)

Must be expressly or impliedly set forth andcannot be presumed

CONTRACT (OBLIGATION EX CONTRACTU)

Must be complied with in good faith

it is the law between parties;

neither party may unilaterally evade his obligationin the contract, unless:

a. Contract authorizes it b. Other party assents

Parties may freely enter into any stipulationsprovided they are not contrary to law, morals,good

customs, public order or public policy

What are the characteristics/ elements of obligations?

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: pre-station; the conduct which has to be observed by the debtor/obligor

SOURCES:

https://www.scribd.com/doc/23322108/Obligations-and-Contracts

http://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/

http://www.businesslawbasics.com/chapter-4-classifications-law-0

http://www.businessdictionary.com/definition/law.html

http://www.dictionary.com/browse/obligation