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Law On Obligation and Contracts Cheat Sheet (DRAFT) by

Introduction to Law & Obligations - General Provisions

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Meaning of Law in General

The term law means any rule of action or any system of unifor­mity.

STATE LAW

The state law or the law that is promul­gated and and enforced by state.
 
OTHER TERM USED
Positive Law
Municipal Law
Civil Law
Imperative Law
 
BINDING FORCE
Only state law is enforced by the state.
 
CONCERN OF STATE LAW
State law does not concern itself with violations of the latter rules of action unless they also constitute violation of its commands.

CONCEPT OF STATE LAW

IN GENERAL/
ABSTRACT SENSE
All laws taken together.
"The mass of obligatory rules establ­ished for the purpose of governing the relations of persons in societ­y."
IN SPECIFIC SENSE
Rule of conduct, just obligatory promul­gated by legitimate authority, and of common observance and benefit.
The law of obliga­tions and Contracts.

CLASSI­FIC­ATION OF LAW

AS TO ITS PURPOSE
a. SUBSTA­NTIVE LAW - Portion of the body of law creating, defining, and regulating rights and duties.
 
b. REMEDIAL LAW/AD­JECTIVE LAW/PR­OCE­DURAL LAW - Portion of the body of law prescr­ibing the manner of procedure by which rights may be enforced or their violation redressed.
AS TO ITS SUBJECT MATTER
a. PUBLIC LAW - Regulates the rights and duties arising from the relati­onship of the state to the people.
 
b. PRIVATE LAW - Regulates the relation of indivi­duals with one another for purely private ends.

CIVIL CODE OF THE PHILIP­PINES

The law on obligation and contracts is found in Republic Act. No. 386, otherwise known as the Civil Code of the Philip­pines.
Based mainly on the Civil Code of Spain and took effect in the Philip­pines on December 7. 1889.
Appeared as Republic Act. No. 386 on June 18, 1949 and took effect on August 30, 1950