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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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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Who is an Unpaid seller? The seller of goods is deemed to be an "unpaid seller" (a) When the whole of the price has not been paid or tendered. (b) When a bill of exchange or other negotiable instrument has been received as conditional payment‚ and the conditions on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. The term seller includes any person who is in the position of a seller‚ as‚ for instance‚ an agent of the seller to whom the bill
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Prescription is a mode of acquiring (or losing) ownership andother real rights thru the lapse of time in the manner and under theconditions laid down by law ( Article 1106 ). W HAT ARE THE DIFFERENT CONCEPTS OF PRESCRIPTION ? Prescription is a legal term used to refer to a. Acquisitive prescription -- the acquisition of right by the lapseof time under the conditions laid down by law ( Article 1106‚ par. 1 )‚ which may be ordinary or extra-ordinary. b. Extinctive
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OBLIGATIONS AND CONTRACTS by: Hector S. de Leon Obligation – is a JURIDICAL NECESSITY to give‚ to do or not to do (a.115) Wrong/ Cause of Action – ACT OR OMISSION of one party in violation of the legal right(s) of another‚ causing injury to the latter. Example: breach of contract “Obligatio” – Latin word meaning tying or binding “Obligation is a LEGAL RELATION established between one party and another whereby the latter is bound to the fulfillment of a PRESTATION (the conduct which has
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Best seller by O.Henry MCQ’s (1) Where does the narrator went for his business? (a) Coketown (b) Cincinnati (c) Pittsburgh (d) Virginia (2) What was the name of the person to whome narattor meets in passanger car? (a) William Porter (b) John Cena (c) John A. Pescud (d) O.Henry (3) What was the duration of time after which narrator meets to Pescud? (a)12 months (b)24 months (c)18 months (d)20 months (4)
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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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Whether there is a legal contract between Bob and Mike? Does Bob have a legal obligation to pay to Tom as there is a contracted between them? Is Bob has to provide Steve with new computers‚ is there a verbal contract formed? Is the contract between Bob and Capital Motors? Law A contract can be defined as an agreement between an individual person or a company that the law enforce. (CSU LAW540 Modules‚ 2017‚ Topic 5) There are six primarily elements for a valid contract which are agreement‚ intention
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1 RIGHT‚ DUTY AND OBLIGATION/RESPONSIBILITY: A SEARCH FOR ETHICAL FUNDAMENTALS By Dr. Ani Casimir K.C 2 1) Introduction: Immanuel Kant gave philosophy four fundamental questions with which it is to concern itself and they are: (1) What can I know? ; (2) What is man?; (3) What can I hope for‚ and‚ (4) Finally‚ what ought I to do. The latter—‘what ought I to do?’ is the central subject of ethics‚or what is variously called moral philosophy or philosophy of morality. With the concepts
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