Prelim Flashcards
(154 cards)
1
Q
Ignorance of the law excuses no one. Without law, our world would be very unstable with anarchy in our streets and peace would be difficult to achieve
A
ignorantia juris non excusat
2
Q
kinds of law
as to purpose (2)
A
subjective law
adjective law
3
Q
kinds of law
as to scope (2)
A
general or public law
special or private law
4
Q
example of general or public law (3)
A
criminal law
international law
political law
5
Q
example of special or private law (3)
A
civil law
maritime law
mercantile law
6
Q
the activities of persons traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business, and other purposes
A
tourism by world tourism organization
7
Q
body of rules or principles of action, which deals with the regulation, authority, relations, and obedience among members of a society involved in tourist travel and accommodation
A
tourism law
8
Q
sources of law relevant to the tourism industry (6)
A
philippine constitution
statutes
administrative
judicial decisions
custom
other sources
9
Q
Freedom of movement is the very essence of our free society. Once the right to travel is curtailed, all other rights suffer
A
the right to travel
10
Q
the original and fundamental principles of law by which a system of government is created and according to which a country is governed
A
constitution
11
Q
it is a written instrument by which the fundamental powers of the government are established
A
constitution
12
Q
An obligation is a juridical necessity to give, to do, or not to do.
A
article 1156
13
Q
is a juridical necessity to give, to do, or not to do
A
obligation
14
Q
elements of an obligation (4)
A
active subject
passive subject
object or prestation
juridical tie
15
Q
the obligee or creditor
A
active subject
16
Q
has the power to demand the prestation
A
active subject
17
Q
the debtor
A
passive subject
18
Q
who is bound to perform the prestation
A
passive subject
19
Q
an object or undertaking to give, to do, or not to do
A
object or prestation
20
Q
the vinculum which binds the contracting parties
A
juridical tie
21
Q
obligations of the passive subject
obligations to give a determine thing (4)
A
- to deliver the thing which he has obligated himself to give
- to take care of the thing with the proper diligence of a good father of a family
- to deliver all its accessories and accessions
- to pay damages in case of breach of obligation
22
Q
obligations of the passive subject
obligations to do (3)
A
- if the debtor fails to do what he is obliged to do, it will be done at his expense
- if the work is done in contravention of the tenor of the obligation, it will be re-done at debtor’s expense
- if the work is poorly done, it will be re-done at debtor’s expense
23
Q
the sources of liability of a party in an obligation (2)
A
fraud
negligence
24
Q
incident to the performance of an obligation there is an intent to evade the normal fulfillment of the obligation and to cause damage
A
fraud
25
the lack of diligence or careless
negligence
26
consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, or the time and of the place
negligence
27
sources of obligations (5)
- law
- contracts
- quasi-contracts
- acts punishable by law
- quasi-delicts
28
Primary classification of obligations under the Civil Code (6)
Pure and conditional obligations
Obligations with a period
Alternative and facultative obligations
Joint and solidary obligations
Divisible and indivisible obligations
Obligations with a penal clause
29
Secondary classification of obligations under the Civil Code (4)
Unilateral and bilateral obligations
Real and personal obligations
Civil and natural obligations
Legal, conventional, and penal obligations
30
Modes of Extinguishing Obligations (6)
By payment or performance
By the loss of the thing due
By the condonation or remission of the debt
By the confusion or merge of the rights of the creditor and debtor
By compensation
By novation
31
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
article 1305
32
a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
contract
33
elements of a contract (3)
consent
object certain
cause of the obligation
34
characteristics of a contract (5)
Mutuality of contracts
Autonomy of contracts
Relativity of contracts
Consensuality of contracts
Obligatory Force of contracts
35
Classifications of Contracts
According to their relation to other contracts (3)
preparatory
principal
accessory
36
those which have for their object the establishment of a condition in law
preparatory
37
can subsist independently from other contracts
principal
38
can exist only as a consequence of, or in relation with, another prior contract
accessory
39
3 examples of preparatory
partnership
agency
insurance
40
3 examples of principal
sale
lease
insurance
41
2 examples of accessory
pledge
mortgage
42
classifications of contracts
according to their perfection (2)
consensual
real
43
perfected by the mere agreement
consensual
44
2 examples of consensual
sale
lease
45
require not only the consent of the parties for their perfection, but also the delivery of the object by one party to the other
real
46
1 example of real
deposit
47
classifications of contracts
according to their form (2)
common or informal
special or formal
48
require no particular form
common or informal
49
require some particular form
special or formal
50
example of common or informal
loan
51
example of special or formal (2)
donation
chattel mortgage
52
classifications of contracts
according to their purpose (3)
transfer of ownership
conveyance of use
rendition of services
53
example of transfer of ownership (1)
sale
54
example of conveyance of use (1)
commodatum
55
example of rendition of services (2)
agency
lease of services
56
classifications of contracts
according to their subject matter (2)
things
services
57
example of things (3)
sale
deposit
pledge
58
example of services (3)
agency
lease of services
labor
59
classifications of contracts
according to the nature of the vinculum which they produce (2)
unilateral
bilateral
60
give rise to an obligation for only one of the parties
unilateral
61
give rise to reciprocal obligations for both parties
bilateral
62
example of unilateral (2)
commodatum
gratuitous deposit
63
example of bilateral (2)
sale
lease
64
classifications of contracts
according to their cause (2)
onerous
gratuitous
65
one of the parties proposes to give to the other a benefit without any equivalent or compensation
gratuitous
66
each of the parties aspires to procure for himself a benefit through the giving of an equivalent or compensation
onerous
67
classifications of contracts
according to the risks involved (2)
commutative
aleatory
68
each of the parties acquires equivalent of his prestation and such equivalent is pecuniarily appreciable of the contract
commutative
69
each of the parties has to his account the acquisition of an equivalent of his prestation
aleatory
70
classifications of contracts
according to their names or norms regulating them (2)
nominate
innominate
71
have their own individuality and are regulated by special provisions of law
nominate
72
lack individuality and are not regulated by special provisions of law
innominate
73
For any partnership to work, the element of _ is essential and is more important than the resources or skills that partner actually into the business.
trust
74
For corporations, _ are essential because of public trust
good governance and transparency
75
By the contract of partnership two or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the profits among themselves.
article 1767
76
two or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the profits among themselves.
partnership
77
essential requisites of a partnership (2)
- An agreement to contribute money, property, industry to a common fund
- Intent to divide the profits among themselves
78
Advantages of Forming a Partnership (3)
- Easy to form
- Improved growth possibilities
- Freedom from bureaucracy
79
Disadvantages of Forming a Partnership (3)
- Instability
- Difficulty in obtaining large sums of capital
- Firm is tied to the acts and judgement one of partner as agent
80
classification of partnerships
according to subject matter (2)
universal partnership
particular partnership
81
all partners contribute all of their properties to the common fund
universal partnership
82
has for its object determine things, their use of fruits, or a specific undertaking, or the exercise of a profession or vocation
particular partnership
83
classification of partnerships
according to liability (2)
general partnership
limited partnership
84
composed of general partners where liabilities extend to their personal properties
general partnership
85
the liability of the latter to third persons is limited to their capital contribution
limited partnership
86
classification of partnerships
according to the duration (1)
partnership for a fixed term
87
the term of its existence has been agreed upon expressly
partnership for a fixed term
88
obligations of partners (9)
- where contribution is money or property
- where contribution is industry
- obligation of the capitalist partner
- responsibility between partnership and partner
-the partner is liable to the partnership
- sharing the profit and loss among partners
- property rights of a partner
- liability of individual partners to third person
- liability of the limited partner
89
a partner who merely contributed industry or services to the common fund
industrial partner
90
a partner who contributed money and property to the common fund
capitalist partner
91
On application by or for a partner, the court shall decree a dissolution whenever (6)
- a partner has been declared insane
- a partner becomes in any other way incapable of performing his part
- a partner has been guilty of such conduct
- a partner willfully or persistently commits breach
- the business of the partnership can be only be carried on at a loss
- other circumstances render dissolution equitable
92
The liabilities of partnership shall rank in order of payment follows (4)
- those owing to creditors other than the partners
- those owing to partners other than for capital and profit
- those owing to partners in respect of capital
- those owing to partners in respect of profits
93
an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence
corporation
94
a corporation has the capacity to exist regardless of the death, withdrawal, insolvency, or incapacity of the individual stockholders and regardless of the transfer or interest or shares of stock
right of succession
95
kinds of corporation (10)
stock corporation
non-stock corporation
corporation de jure
de facto corporation
public corporation
private corporation
corporation sole
eleemosynary corporation
domestic corporation
foreign corporation
96
whose laws allow Filipino citizens and corporations to do business in their own country
foreign corporation
97
corporation formed, organized, and existing under Philippine laws
Domestic Corporation
98
for a charitable purpose
eleemosynary corporation
99
organized for the purpose of administering and managing
corporation sole
100
only one incorporator
corporation sole
101
formed for some private purpose
private corporation
102
created by incorporation under the general corporation law
private corporation
103
formed or organized for the government of a portion of the State
Public Corporation
104
created by its own charter for the exercise of a public function
Public Corporation
105
there exists a flaw in its incorporation
De Facto Corporation
106
organized in accordance with the requirements of law
Corporation De Jure
107
the governing body is the Board of Trustees
Non-stock Corporation
108
not organized for profit
Non-stock Corporation
109
no part of its income is distributable as dividends to its members
Non-stock Corporation
110
has a capital stock divided into shares and is authorized to distribute to the holders of such shares
Stock Corporation
111
is organized for profit
Stock Corporation
112
the governing body is usually the Board of Directors
Stock Corporation
113
a corporation may be formed by only one person, partnership, corporation, or association but not more than 15 in number
Republic Act 11232
114
a corporation may be formed by only one person, partnership, corporation, or association but not more than _ in number
15
115
advantages of corporate (6)
- strong separate juridical personality
- limited liability to investors
- free transferability of units of ownership
- centralized management through the Board of Directors
- professionalism
- easier to sell small amount of stock to raise capital
116
disadvantages of corporate (3)
- extensive government regulation
- double taxation
- activities are limited by charter and various laws
117
created by law
corporation
118
created by the agreement of the parties
partnership
119
the liability of the partners extends to their personal properties (except limited partners) - partnership or corporation
partnership
120
the liability of the stockholders is limited only to the extent of the shares subscribed by them - partnership or corporation
corporation
121
when the management is not agreed upon, every partner is an agent - partnership or corporation
partnership
122
the power to do business and manage the affairs is vested in the board of directors or trustees - partnership or corporation
corporation
123
organized by only two persons - partnership or corporation
partnership
124
may be formed singly or jointly but not more than 15 incorporators - partnership or corporation
corporation
125
has no right of succession - partnership or corporation
partnership
126
has right of succession - partnership or corporation
corporation
127
a partner cannot transfer his interest without the consent of all the partners - partnership or corporation
partnership
128
a stockholder has the right to transfer his shares without the prior consent of the other stockholders - partnership or corporation
corporation
129
established for a period of time stipulated by the partners - partnership or corporation
partnership
130
have perpetual existence - partnership or corporation
corporation
131
may be dissolved at any time by the will of any or all of the partners - partnership or corporation
partnership
132
can only be dissolved with the consent of the state - partnership or corporation
corporation
133
characteristics of contract of sole (7)
consensual
bilateral
principal
onerous
commutative
nominate
transmissive of ownership
134
a contract of sale is perfected by mere consent. No form is prescribed for the perfection in a contract of sale
consensual
135
because it gives the rise to reciprocal obligations
bilateral
136
because it can stand by itself without need of another contract
principal
137
because the consideration for each party is the delivery of the thing or the payment of the price
oenrous
138
because what the vendor delivers is considered equivalent of the price paid by the venders
commutative
139
because it has a designated name under the civil code of the philippines which is "sale"
nominate
140
because the vendor transfers ownership of the subject matter to the vendee
transmissive of ownership
141
requisites of a contract of sole (3)
consent
object
cause of consideration
142
disqualified to enter into a contract (5)
husband and wife
the guardian
agents
executors and administrators
public officers and employees
143
Effects of Loss of the Object in a Contract of Sale (4)
- if the thing is lost before perfection of the contract
- if the thing is lost at the time of the perfection of the contract
- if the thing is lost after delivery
- if the thing is lost after perfection but before delivery
144
the ownership shall belong to the person acquiring it who in good faith recorded it in the Registry of Property
immovable property
145
the ownership shall pertain to the person who in good faith was first in the possession
no inscription
146
shall take place when the vendor reserves the right to repurchase the thing sold
Pacto de Retro Sale (Conventional Redemption)
147
The vendor is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of the sale.
article 1495
148
the ownership of the thing sold id acquired by the vendee from the moment it is delivered to him
article 1496
149
the thing sold shall be understood as delivered, when it is placed in the control and possession of the vendee
article 1497
150
is considered redhibitory if it is hidden, unknown to the buyer, existing prior to the sale at least in origin
defect
151
one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it
contract of loan
152
simple loan may be gratuitous or with a stipulation to pay interes
commodatum
153
no interest shall be due unless it has been expressly stipulated in writing
simple loan
154
It is clear from _ that fixed savings and current deposits of money in banks and similar institutions shall be governed by the provisions of the Civil Code concerning simple loan (mutuum).
Article 1980 of the Civil Code of the Philippines
