THE LAW ON OBLIGATIONS AND 2 Concepts of (State) Law

CONTRACTS 1. General or Abstract sense

Law - any rule of action / any system of uniformity 2. Specific or Material sense
- determines not only the activities of men as rational General Sense
beings but also movement or motions of all objects of - all the laws taken together
creation. - “the mass of obligatory rules established for the purpose of
(2) General Division of Law governing relations of persons in society
1. Strict legal sense – promulgated and enforce by the state Specific Sense
(state law) - a rule of conduct, obligatory, promulgated by legitimate
2. Non-legal sense – not promulgated and enforce by the authority and of common observance and benefit
state (divine law, natural law, moral law & physical law) - (e.g. law on obligations and contract)
Apply to men as rational Operates on all things (law (4) Characteristics of Law
beings (law as a rule of only figuratively speaking) 1. Rule of Conduct
action) 2. Obligatory
State law, divine law, Physical law 3. Promulgated by legitimate authority
natural law, moral law
4. Common observance and benefit

Divine Law Legislature – legitimate or competent authority

- law of religion and faith
- concept of sin
- promulgated by God
- embodied in 10 Commandments (old testament)
Mohammedans: embodied in the Muslim Quoran
- sanction: rewards & punishment in present or future
Natural Law
- divine of inspiration in man of the sense of justice,
fairness & righteousness (internal dictates of reason alone.)
- there is in every man a basic understanding of right and
wrong based on standard or criterion of good and evil.
- to be impressed in man as the core of his higher self
Moral Law
- totality of the norms of good and right conduct
- sanction: no definite legal sanction
- not absolute; it varies w/ the changing times, conditions or
convictions of the people
- influences / shapes state law
Physical Law
- “laws of physical science”
- there are uniformities of action and orders of sequence
- being addressed to objects which have no power to disobey
- order of regularity is called “law only by analogy”
State Law
- law that is promulgated and enforced by the state
- other terms: positive law, municipal law, civil law, or
imperative law
- does not concern itself with violations of the latter rules of
action unless they also constitute violations of its command
Statues – the name of the legislative branch of our government
Note: Law secures justice, resolves social conflict, orders
society, protects interests, controls social relations.
Without law there are: theft, violence & destruction
(solidarity, nasty, brutish and short). And those regulating
traffic, sanitation, employment, business, redress of harm or of
broken agreements would be less orderly, less healthful, less
wholesome
Note: every citizen should have some understanding of law
and observe it for the common good
Source of Law
Principal source of law:
- constitution
- legislation
- administrative rules and regulations
- judicial decisions
- customs
OBLIGATIONS
(Arts. 1156-1304, Civil Code)
General Provision
ARTICLE 1156. An obligation is a juridical necessity to
give, to do or not to do
Obligation – from the Latin word ‘obligatio’ meaning “tying
or binding”
- tie or bond recognized by law by virtue of which one is
bound in favor of another to render something

●Divine law » fields of philosophical theory *meaning of tying or binding

●Natural law » metaphysics
●Moral law » ethics Article 1156 – stresses the duty under the law of the debtor or
●Physical law » physical science / physics obligor when it speaks of obligation as a juridical necessity
Juridical Necessity – (in case of noncompliance) the courts of
justice may be called upon by aggrieved party to enforce its
fulfillment or in default thereof the economic value that it
represents.