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Business Law 101

Introduction (Week 1)
by

Kris Ablan

on 30 August 2015

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Transcript of Business Law 101

BL 101: Business Law
Topics
Law
Any rule of action or any system of uniformity
Civil Code
Republic Act No. 386
(August 30, 1950)

4 Books
Persons
Property
Modes of Acquiring Ownership
Obligations and Contracts
Dispute Resolution
Extra Judicial
Negotiation
Katarungang Pambarangay
Mediation
Arbitration
Kristian R. Ablan
Obligations
Contracts
Common Business Transactions
Sales and Lease
Loans and Mortgage
Business Organizations
Sole Proprietorship
Partnership
Corporation
Others
Learning Outcomes
Review and Draft:
Simple Contract
Demand Letter
Acknowledgment Receipt
Form and Organize:
Partnership
Corporation
Course
Requirements
Class participation 40%
Attendance
Quiz
Recitation
Document drafting
Midterms 30%
Finals 30%
Characteristics of Law
Rule of conduct

Just and obligatory

Promulgated by a legitimate authority

of common observance and benefit
Necessity of Law
Secures justice
Resolves social conflict
Puts order in society
Protects interests
Controls social relations
BSc, LLB, PGDip, MPP
Sources of Law
Constitution

Legislation

Administrative Orders

Jurisprudence
Obligations
and Contracts
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
Art. 3. Ignorance of the law excuses no one from compliance therewith
Art. 4. Laws shall have no
retroactive
effect, unless the contrary is provided
Art. 7. Laws are
repealed
only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary
When the
courts
declare a
law
to be inconsistent with the constitution, the former shall be void and the latter shall govern
Adminstrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the constitution
Judicial
Court litigation
Katarungang Pambarangay
All disputes are subject to barangay conciliation
and prior recourse is a pre-condition before filing a complaint in court, EXCEPT...
One party is the government
One party is a public officer
Offense is punished by imprisonment exceeding one year or fine exceeds P5,000.00
Dispute involves real properties in different cities*
EXCEPTIONS:
EXCEPTIONS:
Dispute involves parties who reside in different cities

Criminal cases where accused is under police detention

Any complaint against corporations
Mediation
A voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assists the parties in reaching a voluntary agreement regarding a dispute.
Arbitration
A voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, resolve a dispute by rendering an award
Model Arbitration Clause
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the PDRCI arbitration rules as at present in force
Weeks 1-2
Instructor:
Full transcript