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| written instrument by which the fundamental powers of the government are established,limited,defined and by which this powers are distributed among the several dep for their safe and useful exercise | constitution
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| it consist in the declaration of legal rules by a component authority | legislation
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| they are those issued by administrative officials under legislative authority | administrative or EO
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| the decisions of the courts particularly the supreme court applying or interpreting the laws of the constitution form part of the legal system of the philippines | judicial decisions or jurisprudence
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| it consist of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct | custom
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| may be added principle of justice and equitydecision of foreign tribunal opinions of textwriters and religion | other sources
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| special anti graft courts,the sandiganbayan,court atx of appeals | special courts
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| supreme court,regional courts,court of appeals | regular courts
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| that portion of the body of law creating and defining rights and duties which may be either public or private in character | substantive law
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| that portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed | adjectives law,remedial law
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| the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people | public law
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| body of rules which regulates the relations of individuals with one another for purely private ends | private laws
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| is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts | law of obligations and contracts
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| is that branch of private law which provides for the means by which private rights may be enforced | civil procedure
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| the person who is bound to the fulfillment of the obligation he who has a duty | passive subject
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| the person who is entitled to demand the fulfillment of the obligation he who has a right | active subject
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| the conduct required to be observed by the debtor | object or prestation
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| that which binds or connects the parties to the obligation | juridical tie/legal tie
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| the act or performance which the law will enforce | obligation
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| is the power which a person has under the law to demand from another any prestation | right
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| according to its leagl meaning is an act or omission of one party in violation of legal rights or rights of another | wrong
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| is that in which the subject matter is a thing which the obligor must deliver to obligee | real obligation
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| is that in which the subject matter is an act to be done or not to be done | personal obligation
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| obligation to do or to render service | positive personal obligation
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| obligation not to do or not to give | negative personal obligations
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| source of obligation imposed by law itself | law
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| obligation to pay taxes ;obligation to support ones family | law
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| when they arise from the stipulation of the parties;obligation to repay loan or idebtedness by agreement | contracts
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| whent they arise from lawful voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited by expence of another | quasi contracts
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| the obligation to repay money paid by mistake or which is not due | quasi contracts
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| when they arise from civil liability which is the consequence of a criminal offence | delicts
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| the obligation of thief to return the car stolen by him the duty of killer to indemnification the heir of his victim | delicts
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| when they arise from damage to another through an act or omission | quasi delicts / torts
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| is the meeting of minds between two persons whereby one binds himself with respect to the other to give somethings or to render some service | contracts
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| means compliance or performnace in accordance with the stipulation or terms of the contarct or agreement | compliance in good faith
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| is the voluntary management of the property or affairs of another another without the knowledge or consent of the latter | negotiorum gestio
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| is the juridicial relation which os created when something is received when there is no right | solution indebiti
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| particularly designated or physically segregated other of same class | specific or determinate thing
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| pertains to particular class or genus cannot be pointed out with particularity | generic thing or indeterminate thing
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| spontatneous product of the soil and the young and other product of animals | natural fruits
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| are those produced by lands of any kind through cultivation or labor | industrial fruits
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| are those derived by virtue of a juridical relation | civil fruits
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| is the right or power of a person to demand from another as a definite passive subject the fulfillment of to give to do or not to do | personal right
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| is the right or interest of a person over a specific thing whitout a passive subject | real right
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| the creditor may exercise the following remedies or rights in case the debtor fails comply with his obligation | specific real obligation
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| are the fruits of a thing or addition to imrovements upon a thing | accessions
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| are things joined to or included with the principal thing for the latters embellishment better use or completion | accessories
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| is merely the fail to perform an obligation on time | ordinarily delay
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| is the failure to perform an obligation on time which failure constitutes a breach of the obligation | legal delay or default or mora
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| the delay on the part of the debtor | mora solvendi
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| the delay on the part of the creditor | mora accipendi
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| the delay of the obligations in reciprocal obligations | compensatio morae
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| deliberate or intentional evasion of the normal fulfillment of an obligation | fraud or dolo
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| commited fraud in the performance of the obligation already existing | dolo incidente/incidental fraud
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| fraud employed in the execution of a contract | causal fraud / dolo causante
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| i any voluntary act or omission there being no bad faith or malice which prevents the normal fulfillment of an obligation | negligence /fault/culpa
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| this is the violation of the terms and condition stipulated in the obligation must not be due of a fortuitios event |
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| negligence in contracts resulting in their breach; not a source of obligation | culpa contractual/contractual negligence
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| negligence by itself is a result of an obligation between the parties not so related between any preexisting contract | culpa aquillana/civil negligence
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| negligence resulting in the commission of a crime | culpa criminal/criminal negligence
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| is any event which cannot be foreseen or which though foreseen is inevitable | fortuitios event
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| strictly speaking is an event independent of the will of the obligor but not of other human wills;war,fire,murder,insurrection etc | acts of man
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| they refer to what is called majuere or those events which are totally independent will of every human beings | acts of God
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| those events which are common and which the contracting parties could reasonably foresee ex. rain | ordinary fortuitous event
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| those events which are uncommon and which the contracting parties could not have resonably foreseen | extra ordinary fortuitous events
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| is a contract whereby one of the parties delivers to another money or other consumable thing upon the conditionthat the same amount of the same kind and quality shall be paid | simple loan or mutuum
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| is contarvting for or receiving interest in excess of the amount allowed by law for the loan or use of money goods chattels or credits | usury
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| ios meant the influence of a fact not actually known arising from its usual connection with another which is known or proved | presumption
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| presumption which cannot be contradicted | conclusive presumption
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| presumption which can be contradicted or rebutted by presenting proof to the contary | disputable presumption(rebuttable)
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| is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is therefore immediately demandable | pure obligation
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| is one whose consequences are subject in mone way or another to the fulfillment of a condition | conditional obligation
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| suspensive condition | one which the fulfillment will give rise to an obligation(or right)
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| the fulfillment of which will extinguish an obligation | resolutory condition
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| the condition is capable of fulfillment legally and physically | posiible condition
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| the condition is not capable of being fulfilled legally or physically | impossible condition
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| the condition depends upon the will of one of the contradicting party.either debtor or creditor | potestative condition
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| the condition depends upon chance or upon will of a third person | casual condition
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| the condition depends partly upon chance and partly upon will of a third person | mixed condition
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| the condition consist of the performance of an act | positive condition
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| the condition consist in nthe omission of an act | negative condition
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