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Ignorantia Juris Non Excusat (Ignorance of the law excuses no one) Every person is presumed to know the law

even if they have no actual knowledge of the law. It applies only to mandatory and prohibitory laws. (Art.3) Doctrine of Processual Presumption he foreign law! whenever applicable! should be proved by the proponent thereof! otherwise! such law shall be presumed to be exactly the same as the law of the forum. Doctrine of Stare Decisis It en"oins adherence to "udicial precedents and is based on the principle that once a #uestion of law has been examined and decided! it should be deemed settled and closed to further argument. $hen the %ourt lays down a principle of law applicable to certain set of facts! it must adhere to such principle and apply it to all future cases where the facts in issue are substantially the same. (Art.&) Doctrine of Lex Rei Sitae he law of the country where the property is situated shall govern property transactions. (Art.'() Doctrine of Lex Loci Celebrationis )orms and solemnities of contracts! wills! and other public instruments (extrinsic validity) shall be governed by the laws of the country in which they are executed. (Art.'*) Renvoi Doctrine +ccurs when a citi,en of another country dies as a domiciliary of another country. $here the conflict rules of the forum refer to a foreign law! and the latter refers it back to the internal law! the law of the forum shall apply. Doctrine of Violenti Non Fit In uria (to which a person assents is not esteemed in law as in"ury) -efers to self.inflicted in"uries or to the consent to in"ury which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger! even if he is not negligent in doing so. Doctrine of Damnum !bs"ue In uria (damage without in"ury) A person who exercises his legal right does no in"ury. /owever! it cannot be said that a person exercises a right when he unnecessarily pre"udices another or offends morals or good customs. $hen damages results from a person0s exercise of rights! it is damnun abs#ue in"uria (A12.%13 v. -epublic 1roadcasting %orp. 4.-. 3o. '5&(67! 8an.5'! '666).

Principle of Solutio In#ebiti If something is received when there is no right to demand it and it was unduly delivered through mistake! the obligation to return it arises (Art. 55). Doctrine of Pre u#icial $uestion If both criminal and civil cases are filed in court! the criminal case takes precedence. A pre"udicial #uestion is that which arises in a case! the resolution of which is a logical antecedent of the issue involved therein! and the cogni,ance of which pertains to another tribunal (9ap v :aras! 4.-. 3o. '7'53(! 8anuary 37! '665). (Art. 3() Principle of !buse of Rig%ts he principle of abuse of rights is found under Articles '6! 57 and 5' of the %ivil %ode of the :hilippines! which states that; Art. '6. <Every person must! in the exercise of his rights and in the performance of his duties! act with "ustice! give everyone his due and observe honesty and good faith.= Art. 57. <Every person who! contrary to law! wilfully or negligently causes damage to another! shall indemnify the latter for the same.= Art. 5'. <Any person who wilfully causes loss or in"ury to another in manner that is contrary to morals! good customs or public policy shall compensate the latter for the damage.= Doctrine &f 'tmost (oo# Fait% A minimum standard that re#uires both the buyer and seller in a transaction to act honestly toward each other and to not mislead or withhold critical information from one another. he doctrine of utmost good faith applies to many common financial transactions. Effectivit) of La*s >aws take effect '? days following the completion of its publication in the +fficial 4a,ette or in a newspaper of general circulation. It shall take effect immediately after publication with the '?.day period being dispensed with ( anada v. uvera 4.-. 3o. >.(36'?! @ecember'?! '6&(). Nationalit) Rule An international tenet which recogni,es the right of countries to exercise sovereign "urisdiction over a national even if the national violates sovereign laws in another country.

Contra +onus ,ores Against sound morals. %ontracts which are incentive to crime! or of which the consideration is an obligation or engagement improperly pre"udicial to the feelings of a third party! offensive to decency or morality! or which have a tendency to mischievous or pernicious conse#uences! are void! as being contra bonos mores and may be made basis for an award for damages. Jus Soli Principle The principle that the country of citizenship of a child is determined by his country of birth. Jus Sanguini Principle The principle that a child's citizenship is determined by his parents' citizenship.

Maria Paz Victoria I. Ocampo

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