OBLIGATIONS From latin words‚ obligatio/obligare – “to tie” or “to bind” Juridical necessity – enforceable to courts 1) CIVIL (positive) and Natural 2) REQUISITES OF OBLIGATION a) Active – creditor / obligee – has the right b) Passive – debtor / obligor – has the duty c) Prestation – object / subject matter c.i) Obligation to give (Real Obligation) (c.i.1) Determinate Thing – res perit domino – thing perishes with the owner (c.i.1.a) Standard care – diligence of a good father / if the
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powers under the Articles of Confederation. Three problems that existest were no national currency‚ unicameral legislature‚ and cogress had no ability to tax. The tension between decentralized and centralized power are argued to still exist through environmental policy‚ gun control‚ and disability access. These tensions are illustrated in deforestation‚ no "national police" to control firearm distribution‚ and the Americans with DIsabilities Act. One major problem of decentralized powers under the
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Presentation | Presentation: Rights and Obligations of Employers and Employees | Introduction Statutes and their regulations and common law determine the rights and obligations of employers and employees to each other and may differ from state to state. Employers and employees have an "employment relationship" that is sometimes referred to as a contract of service.When an employee accepts employment‚ that individual agrees to work for some form of payment‚ such as wages‚ salary‚ commission‚
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161. Requisite of Novation A previous valid obligation Capacity and intention of the parties to modify or extinguish the obligation. The modification or extinguishment of the obligation. The creation of a new valid obligation. 162. Kinds of Novation 1. According to origin A. Legal B. Conventional 2. According to how it is constituted A. Express B. Implied 3. According to extent or effect a. Total or extinctive b. Partial or modificatory 4. According to the subject a. Real or objective
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Once the facts are determined‚ the judge will then make the application of law to the facts to determine which party would succeed. The doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the
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Article/ Case Law Search Lisa Gardner HCS 430 January 28‚ 2011 Maria Wood Article/ Case Law Search There are numerous laws and regulations that govern the health care industry and profession. Laws and regulations are governed by federal and state legislature. Understanding how health care laws are put into place and action is essential for understanding laws in health care. Once it is understood how laws are put into effect it is easier to understand laws in the health care
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opportunity for a hearing. In the case of a not for profit entity (an “NFP”)‚ the ability of a debtor to sell its assets in a bankruptcy often overlaps with various state laws and regulations governing NFP asset sales. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Bankruptcy Act”) signed into law by President Bush on April 20‚ 2005‚ will have an immediate impact on sales of NFP debtor assets. While most of the recent amendments to the Bankruptcy Code will not become
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HUMAN RIGHTS UNDER DEMOCRACY K. Ramana Prasad Introduction Ever since the organisastion of societies in different forms came about‚ conflicts in the manner of assuming‚ conferring or exercising of authority and rights and contingent duties for the accepted ideals have been considered in great detail by eminent thinkers. Accordingly‚ concepts like democracy‚ liberty‚ equality‚ fraternity
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March 29‚ 2011 An Obligation Is Not A Choice What defines an obligation? Is it defined as something that one has to do because it is necessary for their living or is it something that one has to do because someone says they have to? I would define an obligation as something that one has to do because it is necessary for their living. What I do not understand is how one person can dodge their obligations. I see people choose to live a life where their obligations are pushed aside as if
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MGT320 5/19/2012 Conversion under Tort Law The layman’s definition for conversion is basically considered theft; according to our text “whenever a person wrongfully possesses or uses the personal property of another without permission” is considered conversion…..”deprives an owner of personal property or of the use of that property without that owner’s permission”. On March 28 of this
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