persons – june 25

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Persons – June 25, 2012 Article 13 Saturday, Sunday or legal holiday – ordinary contract: agreement prevails rules of court: next working day Court hearings – reset it at some other time Court response - date of mailing – registered mail – registry receipt – include a return card – description of the content, name of the addressee (stamp) – addressee signs and put the date in the return card and mailed back Leap year – divisible by 4 Article 14 – Principle of Territoriality Civil laws – do not apply to aliens who are governed by their national law. Penal laws – apply equally to aliens who live or sojourn in the Philippines. Public offended party – State; Private offended party – individual (witness of the case only) – fiscal will be the prosecutor (People of the Phil. Vs. Accused) Exterritoriality – is the fiction in international law by virtue of which certain foreign persons and their things are exempted from the jurisdiction of a State on the theory that they form an extension of the territory of their own state. This is based on practice without treaty stipulations. Extraterritorialty – is the exemption of foreign persons from the laws and jurisdiction of a State in which they presently reside, an exemption which can only exist by virtue of a treaty or stipulation to this effect. - it is a principle recognized in international law whereby crimes committed on board vessels and airships of a country, although in international waters or space, shall be triable by the courts of said country. Article 15 – Nationality Principle Status – term used to designate the circumstances affecting the legal situation Condition – it is a mode or state of being

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Persons – June 25

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Persons June 25, 2012

Article 13Saturday, Sunday or legal holiday ordinary contract: agreement prevails rules of court: next working dayCourt hearings reset it at some other timeCourt response - date of mailing registered mail registry receipt include a return card description of the content, name of the addressee (stamp) addressee signs and put the date in the return card and mailed backLeap year divisible by 4

Article 14 Principle of TerritorialityCivil laws do not apply to aliens who are governed by their national law.Penal laws apply equally to aliens who live or sojourn in the Philippines.Public offended party State; Private offended party individual (witness of the case only) fiscal will be the prosecutor (People of the Phil. Vs. Accused)Exterritoriality is the fiction in international law by virtue of which certain foreign persons and their things are exempted from the jurisdiction of a State on the theory that they form an extension of the territory of their own state. This is based on practice without treaty stipulations.Extraterritorialty is the exemption of foreign persons from the laws and jurisdiction of a State in which they presently reside, an exemption which can only exist by virtue of a treaty or stipulation to this effect. it is a principle recognized in international law whereby crimes committed on board vessels and airships of a country, although in international waters or space, shall be triable by the courts of said country.

Article 15 Nationality PrincipleStatus term used to designate the circumstances affecting the legal situation Condition it is a mode or state of beingLegal Capacity legal power to enter into binding obligations or to enjoy the privileges of a legal status

Article 16Lex Situs the principle which provides that property shall be governed by the law of the place where it is situated. Personal property included (shares of stock)Exceptions: governed by the national law of decedenta. Order of successionb. Amount of successional rightsc. Intrinsic validity of the provision of the willd. Capacity to succeedCompulsory heirs:1. Legitimate children 2. Legitimate parents only when there are no legitimate children3. Surviving spouse equal to 1 legitimate child4. Illegitimate children of 1 legitimate child*The nearer relative excludes the farther.Intestate heirs:1. Brothers/Sisters2. Nephews/Nieces

Intrinsic substance of the dispositionExtrinsic formalities in the execution of the will; law of the country where it is executedNotarial will acknowledge before a notarial public 3 attesting witnesses sign in the presence of the testator and of themselves.Holographic will secret will does not require witnesses everything in testators own handwriting.Preterition omission of the compulsory heirs in the direct lineRenvoi Doctrine literally means referring back the problem arises when there is doubt as to whether a reference to a foreign law is to the internal law of said foreign law; or a reference to the whole of the foreign law, including its conflict rules.John citizen of country X; resident of the Philippines; died in the Philippines disposition/succession governed by country X country X govern by the law of the country where the citizen is a resident Philippines distributed in accordance with Philippine lawDisinheritance stated in the last will and testamentLex Fori if the application of a foreign law is invoked, the foreign law must be proved as a fact by the rules of evidence.

Article 17Prohibitive laws divorce not recognize in the PhilippinesLex Loci Celebrationis matters bearing upon the execution, interpretation and validity of a contract are determined by the law of the place where the contract is made

Article 18Penal Code counting of the period provision of the civil code can be appliedContract of insurance when a contract of insurance is perfected when done by telegram or letter letter of acceptance arrived when the insured is dead meeting of the minds when the insured knows the acceptance.Contract Requisites: - perfected1. Consent2. Object3. Cause/consideration