出国留学如何写好Law Essay:菲律宾民法渊源的essay范文 [8]
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关键词:菲律宾民法民法渊源Law Essay制定法律
摘要:本文是一篇分析菲律宾的民法渊源的 Law Essay,菲律宾来自公民的混合和普通法律的传统。公民法的传统是来源于西班牙,那里三个世纪以来一直统治菲律宾。在西班牙通知后,在接下来的四十年里,菲律宾属于美国,那就是普通法律传统来源的地方。我们的传统的第三部分就是菲律宾共和国的后美国时代。
eir hearing in private, with an arbitrator of their choice and utilising simpler procedures. When using arbitration as the process for resolving a dispute, parties are able to select an arbitrator with particular expertise and commercial experience in the area under discussion of the dispute. This provides a professional tribunal which facilitates a more efficient, effective and acceptable procedure and outcome. The assortment of arbitration as a dispute resolution procedure is a query which parties and their legal representatives should address at the time of entering into commercial contracts, so that proper agreement can be taken into account of terms of the contract. On the other hand, an agreement to put forward disputes to arbitration can be completed by the parties after a dispute has occurred [35] .
RECOMMENDATION
Based on the above report, I suggest to the board that the contract should be executed in Philippines and both parties agreed the choice of jurisdiction in order to govern it by the law of the Philippines. Because Singapore is more on the consumers’ benefits consequently it is better for the company to use the law of the country. Singapore law of contract strictly implemented the Fair Trading Act for consumer’s protection like safety requirements, price control act and Consumers Association of Singapore publicises blacklist of traders who do not conform with demands of fair trading. Beneath the Unfair Contract Terms Act this legal responsibility can only be excluded or restricted if the exclusion or restriction is reasonable while death or personal injury resulting from negligence cannot be restricted at all. All statutory remedies are only available against the direct seller but producer and distributor of the sold goods might also be liable if they act with negligence. Even though the law of the Philippines governed the contract under Article 3010 of the Philippine law of contracts the determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equitable under the circumstances. In conflicts of law negotiation is more suitable in Philippines rather than arbitration.
CORPORATION CODE
Constitution protects the corporation. My chosen jurisdiction is Philippines which recognises corporation with a separate legal identity to shareholders. The corporation can sue and be sued under the name of the company itself, accordingly under the Corporations law of Philippines which is similarly in general common law systems limited liability [36] . In Section 2 of General Provisions states It is described as an “artificial human being created by operation of law having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence” [37] .The shareholders have no personal liability in case of debt of the company. It is just limited to their shares to the corporation. Corporation code applies only to private corporations. The two forms of private corporations are stock or non-stock corporations [38] . In Stock corporations, which capital stock divided into shares and authorized to distribute to holders of shares dividends or allotments of surplus profits based on shares held while are corporations without shares or stocks and therefore not authorized to distribute dividends. The corporate term in Philippines incorporation and org
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