Скачать или смотреть [CIVIL LAW LECTURE] Article 25, Thoughtless Extravagance and Injunctions | INTRO TO PERSONS

In our last lesson, we talked about Article 24 of the Civil Code. It’s a directive addressed to our courts, ordering them to be vigilant about the rights of those who are suffering from moral dependence, ignorance, indigence, mental weakness, tender age or some other handicap.

We also talked about the basis for this directive – and that is the doctrine of parens patriae. This principle means that the State, taking on the role as the parent of our country, has to step in to protect the rights of those who are at a clear disadvantage. Under this doctrine, the State is allowed to use the fundamental powers – police power, eminent domain and taxation to somehow level the playing field for the disadvantaged members of our society.

During the last lesson, we also talked about the contracts of adhesion. These are ready-made contracts, or contracts that have been prepared exclusively by one party ahead of time and the other party, has no other action but to accept it in its entirety or reject it completely.

However, kapatid, it’s wrong to assume that a contract of adhesion is invalid per se. Courts will not step in and invalidate a contract, just because it was prepared by one party. In reality – the other party has a choice – take it or leave it. In case of doubts in the terms of the contract, the courts will interpret these strictly against the party who made the contract, and liberally in favor of the party who merely adheres to it.

Today, we’re taking a look at the next provision – Article 25 of the Civil Code. We’ll explore the meaning of thoughtless extravagance and the remedies against it.

All of this and more, coming right up.

*********************
SHOW NOTES:

1. Follow the first parts of INTRODUCTION TO PERSONS here:    • CIVIL LAW LECTURES  

2. Read GENERAL ORDER NO. 15 here: https://lawphil.net/executive/genor/g...

3. Take the short quiz here: https://forms.gle/rNTQtpVkVmZVqtq8A