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Basic Concepts of Law

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WEEK TWO

BASIC CONCEPTS OF LAW

Q: What is the definition of LAW

A: Law can be defined in two aspects:

1. Derecho—the general and abstract sense of law; it is the science of moral laws

founded on the rational nature of man that governs his free activity for the

realization of the individual and socieal ends of life under an aspect of mutual

conditional dependence

2. Ley—the specific and concrete sense of law; a rule of conduct, just and obligatory

promulgated by legitimate authority and of common observance and benefit

Q: What are the different Kinds of Law

A: Depending on its purpose or scope laws can be classified into the following:

1. As to Scope:

a. General or Public Law—a law which applies to all of the people of the state

or to all of a particular class of persons in the state, with equal force and

obligation

b. Special or Private Law—a law which relates to a particular persons or

things of a class

2. As to purpose:

a. Substantive Law—a law whcih creates, defines and regulates rights, or

which regulates the rights and duties which gives rise to a cause of action

b. Procedural Law—a law which provides for the method of aiding and

protecting certain rights;

Q: Give some examples of General or Public Law.

A: Examples of Public law are:

1. Criminal law—a law dealing with crimes and their punishment, as well as teh

procedure for that purpose


2. International Law—boddy of rules or principles of action governing the relations

between states

3. Political law—law governing the relations sutained by the inhabitants of a territory

to the sovereign

Q: Give some examples of Special or Private Law

A: Examples of Private law are:

1. Civil Law—the mass of precepts which determines and regulates those relations of

assistance, authority and obedience existing among members of a family and those

which exist among members of society for teh protection of private interests

2. Maritime Law—the law dealing with commerce by sea, involving regulation of

ships and harbors and the status of seamen

3. Mercantile Law—the law of commercial transactions derived from the law of

merchant which includes, commercial paper, insurance and other types of agency.

Q: What is tourism?

A: It is the custom, practice of travelling for pleasure, as well as the promotion by

establishment of countries to attract tourist. According to the World Tourism

Organization, Tourism is defined as the activities of persons travelling to and staying in

places outside their usual environment for not more than one consecutive year for

leisure, business and other purposes.

Q: What is Tourism law?

A: It is the body of rules or principles of action which deals with the regulation, authority,

relations and obedience among members of a society involved in tourist travel and

accommodation. It includes persons travelling from place to place for pleasure (tourist)

and business establishments or persons engaged in the occupation of providing various

services for tourists.


Q: What is the importance and application of laws in Tourism and Hospitality?

A: 1. Society has evolved wherein business establishments engaged in tourism have been

in the food industry, hotel service, transportation service, travel and tour operations,

events manangement and even medical tourism, for the purpose of gratification,

happiness, amusement and entertainment of people travelling from place to place.

3. E-commerce has now been considered as away of necessity to do business in

tourism.

4. There are now various or even millions of commmercials transactions involved in

tourism

5. Numerous regulations are imposed by the different government agencies in order to

promote tourism development for national interestand therefore there is a need to

study the different principles and statutes governing tourist development.

Q: What are the sources of law relevant to tourism, travel and hospitality

industry?

A: The following are the different sources of law relevant to toursim, travel and hospitality

industry:

1. The Philippine Constitution—It is the fundamental law of the land, to which all

other laws must conform

2. Statutes or legislative enactments—it is teh written will of teh legislative

department rendered authentic by certain prescribed forms and solemnities,

prescribing rules of action, or civil conduct with respect to persons, things or both

3. Administrative or executive orders, regulations and rulings—issued bu the

administrative officials under legilative authority

4. Judicial decisions or jurisprudence—refers to the decisions of the Supreme

Court in interpreting the laws or the Constitution.

5. Custom—it is a rule of conduct which in a given place and among given groups of

peole, has been followed for and appreciable time.

6. Other sources—refers to decisions of foreign tribunals and opinions of textbook Writers.


Q: What are the Economic issues/impacts of the Tourism and Hospitality

industry?

A: The following are some of the listed issues/ impacts of the tourism and hospitality

industry:

1. Domestic tourism, continues to support opportunities by spreading development

and regional economic benefits and building national pride.

2. It increases the citizen’s income and reduces balance of payment deficits because of x

influx of foreign currency brought by tourist;

3. Increasing number of tourists means increasing investments in tourism related

activities

4. Tourism supports one in 10 jobs and provides livelihoods for many millions more in

both developing and developed economies.

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