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 upon through
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Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive
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Defining Laws and Describing the Differences LAW/421 December 09‚ 2013 Defining Laws and Describing the Differences There are classifications and categories of law that can be helpful to use to determine what law corresponds with a particular action or crime. Some of the laws we will be looking at in this paper are; substantive law‚ procedural law‚ criminal law‚ civil law‚ common law‚ and statutory law. Two of the first laws that we can define and find differences in are the common law and
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FOB contract can be congregated from the case of Wimble & Sons v Rosenberg & Sons which describes it as a contract for the sale of goods where the seller which in this case is Patina who agrees to deliver the goods over the ship’s rail and the buyer or Luca in this stance agrees to convey it overseas. According to English law‚ the case of Pyrene v Scindia defines a classic FOB contract which has occurred in this case study between Patina and Luca as the seller (Patina) draws up the contract with
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Explain the relationship that you think exists between law and justice. The relationship between law and justice has always been a topic of great controversy. Many people rely fully on the law to bring about‚ what they believe‚ to be justice‚ while others are of the opinion that the law is too ‘black and white’ to be wholly regarded as just. The debate of whether a jury is an effective way of bringing forth justice has been present for centuries. The opinion that it is not a reliable way
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possible if ‘prescribed by law’ and ‘necessary to democratic society’ * s.6 HRA 1998 – unlawful for public authority (incl. courts) to act incompatibly to ECHR. * Ovey and White (2006) – Court consistently gives protection to publications/speech‚ it views these as central to the protection of other rights. * Lord Steyn in Reynolds – ECtHR proceeds on fact-specific basis. But nevertheless speech more specifically protected than other forms of expression in law on defamation. Chilling
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ATENEO CENTRAL BAR OPERATIONS 2007 Criminal Law SUMMER REVIEWER BOOK I CRIMINAL LAW – A branch of municipal law which defines crimes‚ treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors‚ ministers plenipotentiary
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Recognizing Contract Risk and Opportunities Alen Edilersky LAW/531 – Business Law Professor Rickard D’Ambrosio February 02‚ 2009 The contract is the special document demanding careful development‚ acceptance and the control over observance of its conditions. As a rule‚ contracts consist when planned mutual relations of participants have long-term character. This long term can concern both to the process of interaction‚ and to those consequences for participants who can come as a result
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The English word “law” refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people‚ or even natural phenomena‚ usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example‚ the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive‚ of course
Free Law Political philosophy Thomas Hobbes
unless specifically provided in the various professional regulatory or other laws‚ the following terms shall be understood to mean: a) Accredited Professional Organization (APO) refers to a professional organization which may now or hereafter be accredited by the Commission. b) Board refers to a Professional Regulatory Board (PRB) created by law‚ decree‚ or other issuance pursuant to law to regulate a specific profession
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