Law 1
Meaning of law in general. The first refers to what is known as the
state law while the second includes divine
In its widest and most comprehensive law, natural law, moral law, and physical
sense, the term law means any rule of action law.
or any system of uniformity.
Subjects of law.
Thus, law, in general, determines not only
the activities of men as rational beings but State law, divine law, natural law and moral
also the movements or motions of all law are comprised in the definition of law
objects of creation, whether animate or as a rule of action. They apply to men as
inanimate. rational beings only. On the other hand,
physical law operates on all things,
General divisions of law. including men, without regard to the
Law, as above defined, may be divided into latter’s use of their will power and
two general groups: intelligence. It is called law only
(1) Law (in the strict legal sense) which is figuratively speaking.
promulgated and enforced by the state; and
Divine law.
(2) L a w (in the non-legal Divine law is the law of religion and faith
sense) which is not which concerns itself with the concept of sin
promulgated and enforced by the state. (as contrasted with crime) and salvation.
,Natural law. law is considered a positive command
Natural law may then be defined as the divine imposing a duty to obey and involving a
inspiration in man of the sense of justice, function without forces obedience
fairness, and righteousness, not by divine
revelation or formal promulgation, but by 3. it is promulgated by legitimate authority
internal dictates of reason alone. the legitimate or competent authority is a
legislature
Moral Law law called statutes
Totality of the norms of good & right
conduct 4. it is a common observance and benefit
no is intended by man to serve man
Physical Law
Uniformities of actions & orders of sources of state law
sequence w/c are the physical phenomena • constitution
• legislation
State Law • administrative rule
This law also called positive law,
municipal law, civil law or imperative law.
ARTICLE 1156
Characteristics of Law An obligation is a juridical
necessity to give, to do or not to do. (n)
1. it is a rule of conduct
the law tells us what shall be done and what Ang obligasyon ay isang Juridical
shall not be done necessity na magbigay, gawin at hindi
2. it is obligatory gawin.
, Elements:
Obligation derived from the latin word Active Subject – the one is demanding the
“obligatio” meaning tying or performance (Creditor)
binding. Joridical necessity connote that in Passive Subject – the one bound to
case of non-compliance, there will be legal perform the prestation to give, to give, to
sanction. do or not to do
Prestation or Object – the subject matter
WHAT IS MEANT BY OBLIGATION of the obligation
BEING A JURIDICA NECESSITY? Efficient Cause – the juridical tie or
vinculum by virtue of which the debtor has
Obligation is a juridical necessity because become bound to perform the prestation
in case of non-compliance, the courts of
justice may be called upon by the
aggrieved or injured party to enforce its
fulfillment or in default therefore, the Article 1157
economic value that it represent. In a Obligation arise from:
proper case, the debtor may be liable for ü Law;
damages for the injury or harm suffered by ü Contracts;
the credit or for the violation of the latter’s ü Quasi-Contracts;
rights. ü Act or omissions punished by law;
and
ü Quasi-delicts
Meaning of law in general. The first refers to what is known as the
state law while the second includes divine
In its widest and most comprehensive law, natural law, moral law, and physical
sense, the term law means any rule of action law.
or any system of uniformity.
Subjects of law.
Thus, law, in general, determines not only
the activities of men as rational beings but State law, divine law, natural law and moral
also the movements or motions of all law are comprised in the definition of law
objects of creation, whether animate or as a rule of action. They apply to men as
inanimate. rational beings only. On the other hand,
physical law operates on all things,
General divisions of law. including men, without regard to the
Law, as above defined, may be divided into latter’s use of their will power and
two general groups: intelligence. It is called law only
(1) Law (in the strict legal sense) which is figuratively speaking.
promulgated and enforced by the state; and
Divine law.
(2) L a w (in the non-legal Divine law is the law of religion and faith
sense) which is not which concerns itself with the concept of sin
promulgated and enforced by the state. (as contrasted with crime) and salvation.
,Natural law. law is considered a positive command
Natural law may then be defined as the divine imposing a duty to obey and involving a
inspiration in man of the sense of justice, function without forces obedience
fairness, and righteousness, not by divine
revelation or formal promulgation, but by 3. it is promulgated by legitimate authority
internal dictates of reason alone. the legitimate or competent authority is a
legislature
Moral Law law called statutes
Totality of the norms of good & right
conduct 4. it is a common observance and benefit
no is intended by man to serve man
Physical Law
Uniformities of actions & orders of sources of state law
sequence w/c are the physical phenomena • constitution
• legislation
State Law • administrative rule
This law also called positive law,
municipal law, civil law or imperative law.
ARTICLE 1156
Characteristics of Law An obligation is a juridical
necessity to give, to do or not to do. (n)
1. it is a rule of conduct
the law tells us what shall be done and what Ang obligasyon ay isang Juridical
shall not be done necessity na magbigay, gawin at hindi
2. it is obligatory gawin.
, Elements:
Obligation derived from the latin word Active Subject – the one is demanding the
“obligatio” meaning tying or performance (Creditor)
binding. Joridical necessity connote that in Passive Subject – the one bound to
case of non-compliance, there will be legal perform the prestation to give, to give, to
sanction. do or not to do
Prestation or Object – the subject matter
WHAT IS MEANT BY OBLIGATION of the obligation
BEING A JURIDICA NECESSITY? Efficient Cause – the juridical tie or
vinculum by virtue of which the debtor has
Obligation is a juridical necessity because become bound to perform the prestation
in case of non-compliance, the courts of
justice may be called upon by the
aggrieved or injured party to enforce its
fulfillment or in default therefore, the Article 1157
economic value that it represent. In a Obligation arise from:
proper case, the debtor may be liable for ü Law;
damages for the injury or harm suffered by ü Contracts;
the credit or for the violation of the latter’s ü Quasi-Contracts;
rights. ü Act or omissions punished by law;
and
ü Quasi-delicts
