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The Philippine Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The Código Civil remained in effect even throughout the American Occupation ; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a ...
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular.
In general, an action taken with prejudice is final. For example, dismissal with prejudice forbids a party to refile the case and might occur because of misconduct on the part of the party that filed the claim or criminal complaint or as the result of an out-of-court agreement or settlement. Dismissal without prejudice (Latin: salvis iuribus, lit.
for the sake of example Usually abbreviated "e.g.". ex tunc: from then Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on
The impetus for a morals clause in contracts for 'talent,' i.e., artistic performers, appears to have been a reaction to the Roscoe 'Fatty' Arbuckle case in 1921. Subsequent to media outcry, Universal Studios decided to add a morals clause to contracts. The text of the 1921 Universal Studios clause read as follows: "The actor (actress) agrees ...
Created Date: 8/30/2012 4:52:52 PM
In general, there are three objectives of contracting differential treatment; to bring substantive equality in a framework for justice, to foster cooperation among states, and to provide incentives for states to implement their obligations.
Donald J. Netolitzky has identified six core concepts in what he calls the "Pseudolaw Memeplex": . The "everything is a contract" theory: as conceptualized by freeman on the land "guru" Robert Arthur Menard, governments have no special inherent authority via legislation or other means, unless one agrees to be subject to said authority.