Super Gipit Chart

Claim-Duty

Power-Liability

Privilege-Inability

Direction

SERVUS TO
DOMINUS

DOMINUS TO
SERVUS

DOMINUS TO
SERVUS

Emphasis

What Obligor
must do/not do
under threat of
penalty or
otherwise
violations of a
prestation/undert
aking

What the
Obligee CAN do
to change the
situation or
position of the
servus with
him or with
another.

The Obligee may

do or not do for
himself or for
others without
any legal
prevention or
penalty on his
part

Definition
of Parts

Claim:
Enforceable
demand of the
Dominus to the
performance or
forbearance from
the servus

Legal power:
Authority
conferred for
protection of
interest of the
Dominus

Legal privilege

Duty:
Compulsion of
the servus to
act/forebear in
the manner set
by the legal
rule for the
benefit of the
dominus

Legal Liability
Changes the
position or
situation of the
Servus

Freedom of the
dominus as
against the
servus to conduct
himself in a
certain manner as
he pleases for he
is not compleed
nor subjected by
any penalty from
so acting
Legal Inablity
Hinderance of the
servus from
stopping the
conduct of the
Dominus in
relation to his
Legal privilege

ImmunityDisaiblity
SERVUS IN
FAVOR OF
DOMINUS
What the
servus
cannot do to
bring about a
new legal
situation or
change an
existing one
Legal
immunity
Safety of
the
dominus
from what
the servus
could
otherwise
do or not do
to alter or
change a
given
situation or
position
existing
between
them.
Legal
disability
Continuing
incapacity
of the
servus from
altering or
changing by
a given act a

given
situation or
relation
existing
between
them

Examples

Affirmative: Legal
claim of creditor
that his debtor
pay him
Negative: legal
Claim of creditor
that debtor not
liquidate his
account with in a
certain time
frame
A loans money to
B, on due date A
may collect and B
must pay
A buys land
illegally of B, B
has claim for
possession and A
must return the
land
Obligee is a Minor
but may enforce
legal claims
through creditors

A gets
contractual offer
from B, A has
power to creation
a legal
relationship via
acceptance and
B has power to
revoke the offer
before
acceptance
B makes A his
Attorney-in-fact
for selling Bs
Land, A has
power to accept
offers and to
bind B, B is
under liability to
be brought into a
Legal relation

A had private
land but B
obtained a legal
right of way, A
cant keep B off
the land
A cannot defame
B but A became a
member of
congress and so
can make
defamatory
statements now
Right of Self
Defense
Right against self
incrimination

A has no
taxable
property he
is therefore
immune from
tax
A discharged
in full his
judgement
debt to B A
has immunity
from Bs
position over
properties of
A
A has
properties
exempt from
execution, B
therefore
cannot get
them
A can refuse
to testify on
the witness
stand if it will
incriminate
him

Legal Relations

1) Introduction
A) Primitive Communities/Developmental Stage of legal Process
1) Differences settled by appeal to tribal or communal customs
or customary modes of decision
2) Social control by primitive customs = Social control by means
of law and government
2) Modern Era/Developed Stage of Legal Process
A) Elements
1) Intermediate Factor: control and regulation of conflicting
interest, wants and demands
2) Rights: Appealed when there is a conflict of interest
3) Ligation: Performance done in Right was actually violated
3) Legal Relations and Physical Relations
A) Legal Relations
1) Situation established by law concerning certain legal facts in
connection with a particular thing
2) Control over human conduct in relation to legal thing
B) Elements of Legal Relations
1) Cannot be between a person and himself
a Cannot hold an advantage but bear the disadvantage at
the same time nor have right against himself
2) Cannot have the same Legal relation between 2 or more
people
a What he has are separate legal relations with each of them
or
b Separate legal personalities
Warden,
Guardian,
Administrator
C) Difference between Physical relation
1) A physical relation is perceivable condition between two
physical objects or between a person and physical object
2) Objects however may be the legal thing which legal
relationships may come into existence
D) Illustrations
1) Person and type writer: No Legal relation
2) Person and Insurer of the typewriter: Legal relation

4) Basis of Legal Relations

A) Analysis of a legal situation, condition, status, connection or
problem will involve the determination of the legal relationship in
the light of the legal facts involved and stem from Rights and
Ligations.
B) Elements of a cause of action to analyze
1) 3 elements must be analyzed
a Right
b Ligation
c Act/Omission
5) Analyzing a Right
A) General Definition
1) A right is a standard of permitted and forbidden action within
a certain sphere used as a term in both the Jural and non Jural
Sphere
B) Non Jural Sphere
1) Used as adjective
2) synonymous with the correct and antonymous to wrong
a Test for determining the use of the term right in nonjural
sphere is whether an act/conduct or thing is in
accordance with generally accepted principles of the
particular sense involved
C) Jural Sphere
1) Used as a noun
2) Name of a legal Advantage
3) Recognized and Enforceable by law
a Test for determination of use of the term in the legal
sphere is whether the interest or cause of action is
recognized by law if it is than it is a right
b If it non enforceable however it may be a Natural Right
D) Defining Legal Rights
1) Interest that is recognized and protected by law in the form of
a Exemptions
b Interest against other people or all people that said people
must not violate IN REM
Private property right
Legal privilege to defend your life
c Personal Liberty
Privacy

 Locomotion
Immunity from false imprisonment
d Interest as against specific/particular persons in
personem/Personal Rights
Available against a particular person but not everyone
Claim of creditors for payment
(i) Legal rights therefore involve enforceable
interest belonging to some person which is
directed against another person by reason of
corresponding ligation
e An in rem may give rise to an in personem right
E) Requisites of Legal Rights P-L-E-P-O
1) Person holding the Interest
a Interest: Authorty/Exemption
2) Legal thing
a Object of the legal relation involved
3) Enforceability
a Recognized and protected by law
4) Person holding Disadvantage
a Disadvantage: Responsibility/Debility
5) Obligation
a Viniculum: Legal Tie binding the ligation to the right
(i) There is a subject with an interest over a legal
thing that is enforceable at law against
another because of the obligation involved
F) 4 Types of Legal rights C-P-P-I
1) Legal Claim
2) Legal Power
3) Legal Privilege
4) Legal Immunity
G) Exceptions to enforceability of Right
1) Causes violation of social interest/public policy
a Recognition is not always enforcement
b However law may grant other remedies like Damages for
failure to do the corresponding ligation by the obligor
c Illustrations
Man is defrauded over purchase of land, law will not
enforce the right of the owner but he may claim
damaged against the fraudulent person

Civil action maybe suspended if the criminal action

poses a prejudicial question
2) Waiver of the right
a Rights cannot be waived for the following reasons
Against public policy
Against law
Against social intetest
Prejudicial to 3rd persons
b Examples of Non Waivable Rights
Waiver for support is non waivable right but support in
arrears maybe waived
Waiver of a person if his day in court is non waivable
c Waiver maybe either explicitly or by failure to assert it
d Examples of Waivable Rights
Parties way waive the venue for settlement
Waiver of principle debt
Waiver of privacy
3) Operations of rules of law that alter quality of the right
a Certain rules are made in order to protect diligent and
punish those who sleep on their legal rights by
refusing or forgetting their exercise and downgrade them
to an imperfect right
b Illustrations
Prescriptive period for claims of money
6) Analyzing Ligations
A) Non Jural sphere
1) Moral/Natural ligation and is not protected by positive law
and therefore unenforceable
2) Based on Equity and natural law
3) Imperfect ligations however have become part of the
legal order
B) Jural Sphere
1) Arises out of a legal right
2) Not the same as moral/natural responsibility
3) May constrain or force the obligor to do or not do even if
contrary to norms of morality

C) Definition of Ligation
1) Implies a single obligor and a single oblige
a However there maybe multiple obligations from
multiple obligors
b Thus a ligation may be borne severally when 2 or more
obligors bind themselves singly and distinctly
Separdamente
c An Obligation may also be borne jointly binding all together
in doing the prostration mancomantademente
d Pro rata: plurality of creditors but only 1 RES thus any act
of the obliges that extinguishes that extinguishes his rights
extinguish all their rights and the act of an obligor that
extinguishes the ligation extinguishes the ligation of his
fellow obligors.
A,B,C are solidarily liable to C,D,E, payment of the full
amount of A or B or C extinguishes their obligation
D) Requisites of Legal Ligations P-P-D-A-J
1) Passive Subject/Obligor/Debtor
2) Prestation/undertaking
a Responsibility or debility of giving, doing or not doing
3) Demandability at law of the undertaking
4) Active subject/oblige/creditor
5) Juridical Vinculum which binds that ligation to the right
6) Forms maybe the last requisite but only if required by law
(i) There is a passive subject under a prestation
to perform or forbear a legal thing in favor of
an active subject who can demand its
fulfillment at law because of the obligation or
legal tie

E) 4 types of Legal Ligations D-L-I-D

1) legal Duty
2) Legal liability
3) Legal Inablity
4) Legal Disability
F) Ligation vs Obligation
1) Ligation>Ligatio>state of being bound to comply with an
undertaking
2) Obligation>Obligatio> tie or bind + prefix of ob meaning
extreme

a Obligation is therefore the legal tie or bond which

obliges one person to perform or forebear a legal thing in
accordance with law.
b Obligations do not make us owners of a thing or
entitled to servitude but bind persons to give, to do
or to make good
3) Ligations are therefore correlative of the term right

7) Legal Relationship RIGHT-LIGATION

A) Definition Right-Ligation
1) Covers the various matters which the law has to deal with in
the legal ordering of conflicting wants and demands and
interests
B) 8 jural concepts involved in Right-Ligation from the perspective
of the dominus/servus
1) Claim/Duty
2) Power/Liability
3) Privilege/inability
4) Immunity/Disability
C) 4 LEGAL RELATIONS C-D-P-L-P-I-I-D
1) Claim-Duty
2) Power-liability
3) Privilege-inability
4) Immunity-disability
8) The 4 Legal Relations
A) Claim-Duty Relation
1) The Dominus holds the Authority while the obligor bears
responsibility
2) Emphasis
a What Obligor must do/not do under threat of penalty or
otherwise violations of a prestation/undertaking
3) Exists due to a positive rule or law on the subject
4) Exertion of the Obligees will is necessary
a Obligee may demand with legal effect that the obligor
perform/forebear
b Obligor is coerced into doing or not doing something
5) Direction of the act
a SERVUS TO DOMINUS
6) 2 kinds of Acts of the Obligor
a Affirmatively (to act)

b Negatively (do not act)

B) Illustrations
1) Affirmative: Legal claim of creditor that his debtor pay him
2) Negative: legal Claim of creditor that debtor not liquidate his
account with in a certain time frame
3) A loans money to B, on due date A may collect and B must
pay
4) A buys land illegally of B, B has claim for possession and A
must return the land
5) Obligee is a Minor but may enforce legal claims through
creditors
C) Legal Concept involved in Claim-Duty
1) Legal Claim
a Enforceable demand of the Dominus to the
performance or forbearance from the servus
2) Legal duty
a Compulsion of the servus to act/forebear in the
manner set by the legal rule for the benefit of the
dominus
Note: Legal rule here is not positive law but the
provisions of the agreement between the dominus and
servus
9) Legal Relation POWER-LIABLITY
A) Definition of Power-Liablity
1) The Legal power is lodged in the Dominus
2) The Legal liability is borne by the Servus.
a If a person has legal power then another is liable or obliged
to him when the power is exercised
3) Emphasis
a What the Obligee CAN do to change the situation or
position of the servus with him or with another.
4) The Dominus may therefore act with legal effect against
others even if it is obnoxious to others.
B) Legal Power and Legal Liability
1) Legal power
a Authority conferred for protection of interest of the
Dominus

2) Legal Liability
a Changes the position or situation of the Servus
3) The Direction of the act
a Dominus to Servus

C) Illustrations
1) A gets contractual offer from B, A has power to creation a
legal relationship via acceptance and B has power to revoke
the offer before acceptance
2) B makes A his Attorney-in-fact for selling Bs Land, A has
power to accept offers and to bind B, B is under liability to be
brought into a Legal relation
D) Legal Concept Involved
1) A legal power Is the prerogative of the dominus as against the
servus to create/modify or extinguish by a given act, a given
legal relation or situation either between them or between the
servus and a 3rd party.
2) Legal Liablity is the subjectivity of the servus to the effects of
the act of the domiuns to be brought into a new modified or
changed legal relation
E) Claim Duty vs Power Liability
Claim Duty
Right of Legal Claim: Constrain
servus to act/forebare
Legal Duty: Active

Power Liablity
Right of Legal power: Authority
of Dominus to subject servus
to effects of the acts changing
the servus legal relationship or
making a new one

Legal Claim: Passive

Legal Liability: Passive
Legal Power: Active

I) Privilege-Inability
A) Definition of Previlege-inablity
1) Emphasis
a The Obligee may do or not do for himself or for others
without any legal prevention or penalty on his part

2) Legal Capability on part of the Dominus or oblige to do or

not do something as he chooses with legal effects and
consequences
a Freedom from legal duty in special circumstances
3) The servus has no ablity to enforce interest and thus cannot
prevent or injure the legal privilege of the dominus
4) Direction of the act
a Dominus to Servus
B) Illustrations
1) A had private land but B obtained a legal right of way, A cant
keep B off the land
2) A cannot defame B but A became a member of congress and
so can make defamatory statements now
3) Right of Self Defense
4) Right against self incrimination

C) Legal Concept
1) Legal privilege
a Freedom of the dominus as against the servus to conduct
himself in a certain manner as he pleases for he is not
compleed nor subjected by any penalty from so acting
2) Legal Inablity
a Hinderance of the servus from stopping the conduct of the
Dominus in relation to his Legal privilege

D) Power Liability vs Privlege-Inablity

Power-Liability
Legal Power: An Act can be done
against the other will legal
effects and consequences

Privilege-Inablity
Legal Privilege: An Act cannot be
required to be performed by
another it maybe declined by
the enjoyer of the Privilege

II) Legation Relation IMMUNITY-DISABLITY

A) Legal Relation Definition
1) Emphasis is on what the servus cannot do to bring about a
new legal situation or change an existing one.
2) Dominus has the legal capiblity to resist an act or
forebearance of another with definite legal effects

3) Direction
a Servus in favor of Dominus
B) Illustrations
1) A has no taxable property he is therefore immune from tax
2) A discharged in full his judgement debt to B A has immunity
from Bs position over properties of A
3) A has properties exempt from execution, B therefore cannot
get them
4) A can refuse to testify on the witness stand if it will
incriminate him

C) Legal Concept
1) Legal immunity
a Safety of the dominus from what the servus could
otherwise do or not do to alter or change a given
situation or position existing between them.
2) Legal disability
a Continuing incapacity of the servus from altering or
changing by a given act a given situation or relation
existing between them
3) A legal exemption is similar to Privilege-Inability
D) Immunity Disability vs Privilege-Inablity
Immunity disability
Privilege inability
Direction of act: Servus
Direction of act different from
in favor of Dominus
Dominus to Servus
Legal Immunity: safety
from legal liability

Legal Privilege: Freedom from

legal duty

Legal Disability: Passive,

servus cannot prevent
the act

Legal Inability: active,

continuous absence of any
power to alter or change the
legal relation
CLAIM-DUTY
Act maybe required an
enforced by law

Act of the Servus which

otherwise should not
have been done can be
repelled or obstructed
because the act is in the
nature of a continuing
one

Philaw 314-319
Irrevocable License
A has a ticket to a movie for Bs theatre
B may not interfere with As freedom to take or not take the seat
Irrevocable license
B decides however cancels As ticket
Analysis
A has no right to enter the movie but he has the right to sue B for
damages
1 right involved
Sue for Damages= Right to use the ticket as they agreed upon
irrevocable license
A has a ticket to a movie for Bs theatre
B may not interfere with As freedom to take or not take the seat
B decides however during the movie to go to A and tell him to piss off
Analysis
A has the right to sue for damages but also for assault as he has the
right not to be assaulted
2 distinct rights involved
Sue for Damages= Right to use the ticket as they agreed upon
irrevocable license
Sue for assault= Right not to be unjustly assaulted and evicted

Right of Compulsory Purchase

Definition: When the government wants to buy your land
Government=G
Private Citizen=P
G wants to buy the land of P
G serves Notice to treat
P will be under duty to transfer the land but may try to prove that the
government has no authority over his land
Analysis
Stages of the legal relationship

1.) Prior to service of Notice to treat G=Power of Compulsory

Purcahse P=Duty to transfer
2.) Post service of Notice to treat P is able to prove that his land is
beyond government authority he now has Immunity while the
government has a disability is it can no longer exercise its power of
compulsory purchase