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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With Calamity‚ Comes Solidarity A week after crazy Yolanda’s rage‚ I went home to Leyte for the sole purpose of bone crushing my entire family with the biggest hug my outstretched arms could make. Even after knowing they’re all fine‚ I couldn’t settle my nerves with mere words coming out from someone’s mouth telling me that everyone is safe. I longed to see for myself that my family is okay so I bought a ticket and sailed home. As the boat neared the port of Ormoc City‚ the once green and lush
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In the novel‚ “What Money Can’t Buy” Michael J. Sandel uses numerous real world analogies to display how incentives and the lack of monetary limits are defacing personal relations‚ separating society based on wealth‚ and creating corruption through the commodification of everyday life. The interaction between humans is a crucial part to a healthy and functioning society. Sandel expresses that putting a monetary value on things such as a Papal Mass in New York or a free Shakespeare play in the park
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party becomes the owner of aproperty by prescription while the previous owner loses theproperty. In extinctive prescription‚ if a party is barred to file anaction because of prescription‚ the opposite party‚ on the otherhand‚ is liberated from the obligation or liability. c. Acquisitive prescription applies to civil cases while extinctiveprescription is applicable to all kinds of action whether civil orcriminal. There are‚ however‚ exceptions wherein the action‚ bymandate of the law‚ does not prescribe
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CLASSIFICATION OF OBLIGATIONS 1. PURE OBLIGATION – one without a term or is it a subject to a condition and is immediately demandable. 2. CONDITIONAL OBLIGATION – one which is subject to a condition. (a). SUSPENSIVE CONDITION - one which suspends the effectivity of the obligation until the condition is fulfilled. The fulfillment of the condition produces the efficacy of the obligation. (b). RESOLUTORY – one which extinguishes the obligation upon the happening of the condition. The obligation is immediately
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Mechanical and organic solidarity From Wikipedia‚ the free encyclopedia Mechanical Solidarity and Organic Solidarity refer to the concepts of solidarity as developed by Émile Durkheim. They are used in the context of differentiating between mechanical and organic societies. According to Durkheim‚ the types of social solidarity correlate with types of society. Durkheim introduced the terms "mechanical" and "organic solidarity" as part of his theory of the development of societies in The Division
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Poland and the Role of Solidarity Marisa Saldana and Sofia Venegas Overview What is Solidarity? (August 14‚ 1980) ● Independent self-governing trading union ● It was a broad anti-communist social movement ● Used the methods of civil resistance to advance the causes of workers’ rights and create social change. ● Contributed to the fall of communism and sparked the later Revolutions of 1989 Critical figures Lech Walesa ● ● ● ● ● Most prominent leader of the Solidarity movement Persistent activism
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Analysis: “Panopticism” and “Our Secret” In Michael Foucault’s reading on “Panopticism” he breaks down the social/economical systems and explains that society’s mentality on the law system. He answers the “why question” in a way certain individuals act and think as they do. Many times his explanation is much branched off into a different level of thinking. In one paragraph in “Panopticism”‚ a disciplinary mechanism is described‚ which is considered the best way for one person to be punished
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The Solidarity movement in Poland was one of the most dramatic developments in Eastern Europe during the Cold War. It was not a movement that began in 1980‚ but rather a continuation of a working class and Polish intelligentsia movement that began in 1956‚ and continued in two other risings‚ in 1970 and 1976. The most significant of these risings began in the shipyards of the ’Triple City’‚ Gdansk‚ Sopot and Gdynia in 1970. The first and by far the most violent and bloody of the workers revolts came
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CHAPTER 1 General Provisions “An obligation is a juridical necessity to give‚ to do or not to do.” (Art. 1156) * OBLIGATION * obligatio‚ Latin‚ means tying or binding * tie or bond recognized by law by virtue of which one is bound in favor of another to render something * duty under the law of the debtor or obligor - Civil Code * Juridical Necessity * the rights and duties arising from obligation are legally demandable and the courts of justice may be called
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