出国留学如何写好Law Essay:菲律宾民法渊源的essay范文 [5]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-10-22编辑:zcm84984点击率:14378
论文字数:4839论文编号:org201409211327501077语种:英语 English地区:比利时价格:免费论文
关键词:菲律宾民法民法渊源Law Essay制定法律
摘要:本文是一篇分析菲律宾的民法渊源的 Law Essay,菲律宾来自公民的混合和普通法律的传统。公民法的传统是来源于西班牙,那里三个世纪以来一直统治菲律宾。在西班牙通知后,在接下来的四十年里,菲律宾属于美国,那就是普通法律传统来源的地方。我们的传统的第三部分就是菲律宾共和国的后美国时代。
a
Marketing Manager of
Information Technology Corporation to outline the issues need to be considered in water-tight pro-forma binding contracts of our company to Singapore.
PREFACE
OBLIGATION AND CONTRACTS IN RELATION TO CONFLICT OF LAWS
The law of the Philippine is a fusion of civil and common law principles as it was colonized by Spain and United States of America. In August 30, 1950 the laws governing sales were found in the old Philippine Civil code (Spanish Civil Code of 1889) and the Philippine Code of Commerce (Spanish Code of Commerce 1888). The present civil code adopted many provisions from United States Uniform Sales [20] .
OBLIGATION
Obligation comes from the Latin word obligatio which means binding that are recognized by law in virtue of one is bound in a favour of another to render something and this may consist giving a thing, doing a certain act or not doing certain act. Article 1156 of the civil code gives the meaning of the obligation as “a juridical necessity to give, to do or not to do”. Court of Justice may could upon by the aggrieved party to enforce fulfilment in case of noncompliance and in default of the proper case the economic value that its represents where the debtor or obligor may also be made liable to give compensation for the damages in violation of the rights of creditor or oblige [21] .
CONTRACT
Contract law in Singapore is a form of judge-made rules and mainly from the common law of contract in England that have been modified by specific statutes [22] . The right to enter into a contract is one of the liberties guaranteed to the individual by the Constitution [23] It does not have absolute right to into any kind of contract as it is not contrary to law. A contract is an agreement or meeting of minds between two or more parties where there is offer made by one party and is accepted by the other, the terms of which have an effect on their respective rights and obligations which are enforceable at law [24] . The person making the offer may stipulate the time, place and the manner of acceptance. Cause or consideration in common law is the vital purpose which contracting parties have in view at the time of entering to contract. Interpretation of contract determined the meaning of the terms or words used by the parties in their contract. It should fulfil according to the literal sense of their stipulations, if the terms of a contract are clear and unequivocal. The question is not what existed in the minds of the parties but what intention is expressed in the language used [25] .
PHILIPPINES IT CORPORATION TARGET MARKET COUNTRY IS SINGAPORE
The government of Singapore is currently reforming the economy by opening up protected sectors such as financial services to boost overall efficiency and by endorsing higher-value-added activities in line with a 'knowledge-based' economy (see Appendix A). Various bilateral free-trade agreements are also being negotiated to improve market access and encourage foreign investment inflows [26] .
The Philippines is a newly industrialized country with an economy anchored with substantial contributions from manufacturing (see Appendix B). Historically, during the Spanish era its economy has largely been anchored on the Manila Galleon Trade and bilateral trade the U
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