A G A B IN, PA CIFICO A.

THE PHILOSOPHY
OF THE CIVIL CODE
LAW 115 - Montilla
Civil Code
Enacted 1950
Codification of private laws
Contents:
Persons and family relations
Property
Ownership
Obligations and Contracts

Code Commmision
Created by President Roxas in 1947
Headed by UP dean Jorge Bocobo
Enacted through R.A. 386 by congress

LAW 115 - Montilla

Family Code
Effective August 1988
Amendment of Book I
Modernized Family Relations

LAW 115 - Montilla

Pacifico
Agabin UP COLLEGE OF LAW DEAN
1989-1995

author LPU COLLEGE OF LAW DEAN

2004-2009

MEZTIZO: THE STORY OF

THE PH LEGAL SYSTEM
author
 Philosophical analysis of
law and legal institutions

Philosophy of Law Nature of law and legal

systems

Relationship between law

and morality
 HISTORY OF CIVIL CODE

LATE MEDIEVAL
ROMAN LAW SPANISH LAW MEDIEVAL PERIOD
PERIOD

Influence:
Influence:
Influence: Roman Law
St. Thomas Aquinas
Greek Philosophy Germanic Law
Aristotle
Religion Canon Law Philosophy of compromise

Three orders of law

Individualistic nature “Fuero Juzgo“

LAW 115 - Montilla

Roman Law
Antecedents

TRIBAL CUSTOMS ROYAL EDICTS PRIESTLY COMMANDS

Romans were sturdy hardworking peasants Royal decrees did not have much
philosophy
Law according to lifestyle
Except those with religious foundation
Law was undistinguishable from Roman
religion
Laws were a relation between man and
the Gods

LAW 115 - Montilla

Roman Law
Characteristics

GOD-CENTRIC SUPERCEEDED BY INDIVIDUALISTIC

RELIGION

Crime was a disturbance of peace with the Where law is based on religious rituals, Paterfamilias - Monarch in the family
Gods the philosophy of law stagnates has absolute control

Injuring others angers the gods, prompting Law is eclipsed by oaths and rituals of Marriage/Divorce did not need
them to strike the guilty and innocent priests government intervention

No communal property between

spouses

LAW 115 - Montilla

 HISTORY OF CIVIL CODE

LATE MEDIEVAL
ROMAN LAW SPANISH LAW MEDIEVAL PERIOD
PERIOD

Influence:
Influence:
Influence: Roman Law
St. Thomas Aquinas
Greek Philosophy Germanic Law
Aristotle
Religion Canon Law Philosophy of compromise

Three orders of law

Individualistic nature “Fuero Juzgo“

LAW 115 - Montilla

Fuero Juzgo
the first great code of spain (1241)
Antecedents
Roman law
Germanic law
Canon law

Most advanced code of its time

precedence of later compilations
SPANISH ANTECEDENTS OF THE CIVIL CODE

Law of Persons and Family Impediments to Marriage

Two kinds of persons: Natural and Juridical
Differentiation of status
Age of majority = 15 years old
Crimes against chastity (abduction and rape)
Age for marriage = puberty

Law of Property Law of Obligations and

Co - ownership was recognized and regulated Contracts
Communal property in marriage Contractual capacity acquired at 14 years old
Descent/succession deemed testamentary or Minority, insanity, slavery, force or fear all
intestate (min. 14 years old) invalidated a contract

LAW 115 - Montilla

 HISTORY OF CIVIL CODE

LATE MEDIEVAL
ROMAN LAW SPANISH LAW MEDIEVAL PERIOD
PERIOD

Influence:
Influence:
Influence: Roman Law
St. Thomas Aquinas
Greek Philosophy Germanic Law
Aristotle
Religion Canon Law Philosophy of compromise

Three orders of law

Individualistic nature “Fuero Juzgo“

LAW 115 - Montilla

Medieval Period
Philosophy of law was a Philosophy of compromise

Separation of powers through a hierarchical system of classes and orders:

the religious
the military
the workers

Each with respective functions

LAW 115 - Montilla

 HISTORY OF CIVIL CODE

LATE MEDIEVAL
ROMAN LAW SPANISH LAW MEDIEVAL PERIOD
PERIOD

Influence:
Influence:
Influence: Roman Law
St. Thomas Aquinas
Greek Philosophy Germanic Law
Aristotle
Religion Canon Law Philosophy of compromise

Three orders of law

Individualistic nature “Fuero Juzgo“

LAW 115 - Montilla

Late Medieval Period
A legal philosophy culminated in the Summa Theologiae of St. Thomas Aquinas

Three Orders of law

lex aeterna
divine reason that governs the world
lex naturalis
natural law that men know through reason
lex humana
positive man-made application of natural law

LAW 115 - Montilla

 Cast in the mold of the
Spanish Civil code of 1889

53% of provisions textually

Philosophy of the lifted

Present Civil Code Romano-Germanic stance

that applies concepts of
equity
 Like previous examples, our
civil code enacted morals
of Catholic religion into law

Thus, our over-arching

Philosophy of the philosophy is that of
Natural Law
Present Civil Code
Our code is positive law
according to Aquinas given
the basis of natural law
Positive Law
should be
Founded upon justice
in harmony with morality
concordant with the natural order
adapted to what is feasible
considerate of local customs and traditions

this explains the moral

orientation of our civil code
Individualism
in our civil code
Adapted from the old Roman law with
Provisions on
independent civil actions
violation of rights
violation of privacy
Roman Theory
Natural law in ObliCon
Property law and succession in our code is cast in
economic individualism

Though equity is important in our civil code, at its

core the individual will is the high point in the
philosophy of law
PHILOSOPHY OF THE FAMILY CODE

Medieval Custom Christian Theory

The wife is responsible for managing the
Marriage counseling before the issuance of a
household
marriage license
The wife is in charge of all feminine matters

Canon Law
Consent
Church has jurisdiction over marriage and
18-21 years old parental consent is required divorce
21-25 years old parental advice is suggested Annulment of marriage only on basis of
psychological incapacity

LAW 115 - Montilla

 A G A B IN, PA CIFICO A.

THE PHILOSOPHY
OF THE CIVIL CODE
LAW 115 - Montilla