Tolentino, CIVIL CODE pp1-10

Characteristics of Law (RPOG)Rule of human conductPromulgated by competent authorityObligatoryGeneral observance

Law v morals- only the rule of law legal sanction and can be enforced by public authority; same source-social conscience; morals is more extensive; same purpose-happiness

2 General Divisions of LawDivine law- God is promulgatorHuman law-promulgated by man for human relations

2 Classes of Human Law 1. General/public law a. International law b. Constitutional law c. Administrative law- bet employees of government d. Criminal law e. Religious law2. Individual/private law a. Civil law b. Mercantile law c. Procedural law

Kinds of specific lawmandatoryprohibitorypermissive*crticized by Savigny, should be absolute and suppletory

Code-collection of laws of the same kind

Reasons for codificatíon1. need to simplify and arrange juridical laws scaterred in sevaral laws and customs2. unify various legislations on same country3. introduce reforms

French Civil Code- Code Napoleon

Codification in the Philippines1940 - Manuel Quezon - Code Committee1947- Manuel Roxas - Code Commission

4 concepts of Civil Law under Roman Law1. national law/ law applicable to īdividuals of esch particular cty

2. plebiscites, īmperial consti and others from jus honorarium of pretorium3. law applicable to citizens4. opinions of authorized jurisconsults

Civil Law Nowdouble purpose: organization of family, regulation of property

Sources of Phil. Civil Law1. NCC2. some statutes* derived from Spanish and American law