LAW- any rule of action or any system of uniformity.

General Division of Law Strict Legal sense (promulgated and enforced by state) Non-Legal Sense (not prom and enfo by state) Subject of Law Divine Law law of religion and faith which concerns itself with the concept of sin and salvation. Natural Law as the divine inspiration in man of the sense of justice, fairness, and righteousness. Moral Law totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. Physical Law uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel. State Law law that is promulgated and enforced by the state. Concepts of State Law General sense all the laws taken together. Specific sense a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit. Characteristics of Law It is a rule of conduct Obligatory It is promulgated by legitimate authority It is of common observance and benefit Source of Law 1. Constitution the written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among several departments for their safe and useful exercise f benefit of the people. 2. Legislation it consists in the declaration of legal rules by a competent authority. It is the preponderant source of law in the Philippines. Acts passed by the legislature are so called enacted law or statute law. It includes ordinances enacted by local government units.

3. Administrative or executive orders, regulations and rulings they are those issued by administrative officials under legislative authority. 4. Judicial decisions or jurisprudence the decisions of the courts, particularly the supreme court, applying or interpreting the laws or the constitution form part of the legal system of the Philippines. 5. Custom it consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding and rules of conduct. 6. Other Sources to the above my be added principles of justice and equity, decisions of foreign tribunals, opinions of textwriters, and religion.

OBLIGATION-is a juridical necessity to give, to do or not to do. *obligation is a juridical necessity because in case of non compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the economic value that it represents. ESSENTIAL REQUISITES (ELEMENTS) 1. 2. 3. 4. Passive subject debtor or obligor Active subject - creditor or obligee Object or prestation subject matter of the obligation A juridical or legal tie efficient cause; binds the parties to the obligation

FORM OF OBLIGATION 1. Oral 2. In writing 3. Partly oral and partly writing Right is the power which a person has under the law, to demand from another any prestation. Wrong is an act or omission of one party in violation of the legal right of another. KINDS OF OBLIGATION ACCORDING TO SUBJECT MATTER 1. Real Obligation is that in which the subject matter is a thing which the obligor must deliver to the obligee. 2. Personal obligation is that in which the subject matter is an act to be done or not to be done. *Positive obligation to do or render a service *Negative obligation not to do SOURCES OF OBLIGATIONS

1. Law when they are imposed by law itself. 2. Contracts when they arise from the stipulation of the parties. 3. Quasi-contracts when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. 4. Crimes or acts or omissions punished by law when they arise from civil liability which is the consequence of a criminal offense. 5. Quasi-delicts or torts when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.

*Obligations are not presumed because they are considered burden upon the obligor. Compliance in Good Faith compliance or performance in accordance with the stipulations or terms of the contract or agreement. KINDS OF QUASI-CONTRACTS 1. Negotiorum gestio is the voluntary management of the property and affairs of another without the knowledge or consent of the latter. 2. Solutio indebiti is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

SCOPE OF CIVIL LIABILITY 1. Restitution 2. Reparation for the damaged caused 3. Indemnification for consequential damages *Specific or determinate particularly designated or physically segregated others of the same class. *Generic or indeterminate when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity. DUTIES OF DEBTOR IN OBLIGATION TO GIVE A DETERMINATE THING 1. Preserve the thing *diligence of a good father of a family ordinary care or that diligence which an average person exercises over his own property. *another standard of care extraordinary diligence

2. 3. 4. 5.

Deliver the fruits of the thing Deliver the accessions and accessories Deliver the thing itself Answer for damages in case of non-fulfillment or breach

DIFFERENT KINDS OF FRUITS 1. Natural fruits are the spontaneous products of the soil, and the young and other products of animals. 2. Industrial fruits are those produced by lands of any kinds through cultivation or labor. 3. Civil fruits are those derived by virtue of a juridical relation.

*Personal Right is the right or power of a person to demand from another, as a definite passive subject, the fulfillment of the latters obligation to give, to do or not to do. *Real right is the right or interest of a person over a specific without a definite passive subject against whom the right may be personally enforced. *Accessions are the fruits of a thing or additions to or improvements upon a thing. *Accessories are things joined to or included with the principal thing for the latters embellishment, better use, or completion.

SITUATIONS CONTEMPLATED IN ART 1167 1. Fails to perform 2. Contrary to the terms 3. Poor manner MEANING OF DELAY 1. Ordinary delay is merely the failure to perform an obligation on time. 2. Legal Delay is the failure to perform an obligation on time which failure constitutes a breach of the obligation. KINDS OF DELAY OR DEFAULT 1. Mora solvendi delay on the part of the debtor 2. Mora accipiendi delay on the part of the creditor 3. Compensation morae delay of both parties GROUDS FOR LIABILITY

1. Fraud it is the deliberate or intentional evasion of the normal fulfillment of an obligation. 2. Negligence it is any voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation. 3. Delay 4. Contravention of the terms of the obligation is the violation of the terms and conditions stipulated in the obligation. KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION 1. Contractual Negligence 2. Civil negligence 3. Criminal negligence *Negligence is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstance justle demand, whereby such other person suffers injury.