Commentaries and Jurisprudence on the Civil Code of the Philippines

The book "Commentaries and Jurisprudence on the Civil Code of the Philippines" by Arturo M. Tolentino is a comprehensive treatise on the Philippine Civil Code. Here is a detailed overview of the book:

Key Themes

1. Introduction to the Civil Code:

   • The book provides an introduction to the Philippine Civil Code, explaining its historical background, the process of its codification, and its significance in Philippine law.

2. Foundations of Law:

   • It discusses the foundational principles of law, including its role in regulating human conduct, its promulgation by competent authority, and its obligatory nature.

3. Sources of Philippine Civil Law:

   • The book explores the sources of Philippine civil law, including the New Civil Code and various statutes, as well as the influence of Spanish and American law on the Philippine legal system.

4. Influences on Spanish Civil Law:

   • It delves into the historical influences on Spanish civil law, including Roman law, Germanic law, canon law, scientific evolutionary thought, foreign legislation, and jurisprudential doctrines.

5. Anglo-American Common Law:

   • The book explains the relationship between Anglo-American common law and Philippine law, noting that while common law is not in force in the Philippines, its principles can be applied in certain contexts.

6. Jurisprudential Analysis:

   • It provides detailed jurisprudential analysis of various provisions of the Civil Code, including those related to persons, property, obligations, and contracts.

Plot Summary

The book is structured into multiple volumes, each focusing on different aspects of the Civil Code:

• Volume 1: Persons - Covers the provisions related to persons, including natural persons, juridical persons, and other entities.
• Volume 2: Property, Ownership, and Its Modifications - Discusses the concepts of property, ownership, and the various modifications that can occur in these rights.
• Volume 3: Succession - Examines the rules governing succession, including intestate succession and testamentary succession.
• Volume 4: Obligations and Contracts - Analyzes the principles of obligations and contracts, including the formation, performance, and breach of contracts.
• Volume 5: Special Contracts - Focuses on specific types of contracts, such as sales, leases, and suretyship.

Critical Reception

The book has been widely praised for its comprehensive and authoritative treatment of the Philippine Civil Code. It has been a standard reference for legal scholars, practitioners, and students of law in the Philippines. The book's detailed analysis and jurisprudential insights have made it a cornerstone in the study and application of Philippine civil law.

Arturo M. Tolentino's work is recognized for its clarity and depth, providing a thorough understanding of the complex legal concepts and principles enshrined in the Civil Code. The book's influence extends beyond academic circles, as it is frequently cited in judicial decisions and legal opinions.

In summary, "Commentaries and Jurisprudence on the Civil Code of the Philippines" by Arturo M. Tolentino is a seminal work that offers a comprehensive and authoritative guide to the Philippine Civil Code. Its detailed analysis and jurisprudential insights make it an essential resource for anyone studying or practicing law in the Philippines.