Lecture Notes on Civil Law Professor Ruben F. Balane CHANGES IN THE NEW CIVIL CODE 1.

Granting of new rights Example: The Family Code erases the distinction between natural and spurious children. Now they are lumped together as illegitimate. Thus, spurious children are given rights. 2. Different solutions to old problems Example: Change in river course 3. Clarification of old provisions Example: Under the old Civil Code, there were only void and voidable contracts. With the addition of unenforceable and rescissible contracts, the NCC provides clarification 4. Certain subjects omitted Examples: The dowry has been omitted; certain leases have also been omitted. The NCC is far from perfect. There are structural defects. Certain things which should be in the preliminary section are found elsewhere. An example of this is the vices of consent. Why are they found in contracts? They are relevant in all juridical transactions. Another example is the topic of degrees of relationship. This is found only in succession. Degrees of relationship are relevant in other books too. Finally, why is tradition found in the law on sales? Tradition is not only important in sales. Rather, tradition is a mode of acquiring ownership.