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Define Law In its widest and comprehensive sense, the term Law
means any rule of action or any system of uniformity.
General Divisions of 1. Law, in its strict legal sense, which is promulgated and
Law enforced by the state; refers to what is known as the state
law.
2. Law, in non-legal sense, which is not promulgated and
enforced by the state; this includes divine law, natural law,
moral law, and physical law.
What laws are State law, Divine law, Natural law, and Moral Law
comprised in the
definition of law as "rule
of action" (they apply to
men as rational beings
only)?
Divine law ... is the law of religion and faith which concerns itself with
the concept of sin (as contrasted with crime) and salvation.
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Natural law ... the divine inspiration in man of the sense of justice,
fairness, and righteousness, not by divine revelation or
formal promulgation, but by internal dictates of reason
alone.
Moral law ... the totality of the norms of good and right conduct
growing out of the collective sense of right and wrong of
every community.
Physical law ... the uniformities of actions and orders of sequence which
are the physical phenomena that we sense and feel;
example, law of gravitation.
State law ... law that is promulgated and enforced by the state, with
the aid of its physical force, if necessary.
Concepts of State law 1. General or Abstract sense - refers to all laws taken
together; the mass of obligatory rules established for the
purpose of governing the relations of persons in society;
example, law of the land, rule of law and not of men,
equality before the law, enforcement of the law, etc.
2. Specific or Material sense - a rule of conduct, just,
obligatory, promulgated by a legitimate authority, and of
common observance and benefit; example, law of
obligations and contracts.
What does law do? ... it secures justice, resolves social conflict, orders society,
protects interests, control social relations.
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Constitution ... the fundamental law, supreme law, or highest law of the
land because it is promulgated by people themselves,
binding on all individual citizens, all agencies of the
government; the law to which all other laws enacted by
the legislature, as well as administrative or executive acts,
orders, and regulations having the force of law, must
conform.
Classification of Law as 1. Public law - the body of legal rules which regulates the
to its subject matter rights and duties arising from the relationship of the state
to the people; example, criminal law, includes international
law - governs the relations among nations and states, and
constitutional law -governs the relations between the state
and its citizens
2. Private law - the body of rules which regulates the
relations of individuals with one another for purely private
ends; example, civil law, mercantile law, and civil
procedure
The Law of Obligations ... the body of rules which deals with the nature and
and Contracts sources of obligations and the rights and duties arising
from agreements and the particular contracts; found in
Republic Act No. 386, otherwise known as the Civil Code
of the Philippines. Book IV of the Civil Code deals with
Obligations and Contracts.
Meaning of Obligation The term obligation is derived from the Latin word
"obligatio" which means binding or tying; it is a tie or bond
recognized by law by virtue of which one is bound in favor
of another to render something - and this may consist in
giving a thing, doing a certain act, or not doing a certain
act.
Civil Code definition merely stresses the duty of the
debtor or obligor (he who has the duty of giving, doing, or
not doing) when it speaks of obligation as a juridical
necessity.
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Obligation, Right, and 1. Obligation is the act or performance which the law will
Wrong distinguished enforce.
2. Right is the power which a person has, under the law, to
demand from anther any prestation.
3. Wrong, also called Injury, is an act of omission of one
party in violation of the legal right or rights of another.
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Binding Force Obligations arising from contracts have the force of law
between the contracting parties; contract cannot be valid
if it is against the law.
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