An employment contract is an essential part of every business. An incomplete or badly drafted employment contract could spell trouble to an employer from both a legal and business perspective. For instance, if an employee learns of certain trade or business secrets of an employer during employment, an unguarded employment contract may mean that when […]
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A corporation is defined by the Corporation Code as an artificial 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. Consequently, as an artificial being, a corporation has a personality separate and distinct from its stockholders. Hence, the
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If you are interested in franchising, whether as a franchisor or a franchisee, an important document to consider is the franchise agreement. A franchise agreement is usually a voluminous document. Of course, it is not the intention of the franchisor to confuse the franchisee. It is lengthy because it specifies in detail what the respective
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The first part of “Dissecting a Franchise Agreement” dwelled on the subject matter of the franchise agreement, namely, the business format being franchised. Since a franchise agreement is usually a lengthy document, it is best that the agreement be broken down into its basic elements, to allow prospective franchisors and franchisees to understand its bare
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The last element of any contract, which is necessarily present in a Franchise Agreement, is the element of cause or consideration. Our law defines cause or consideration as the prestation or promise of a thing or service by the other. In a Franchise Agreement, the cause or consideration involves the “why?” in the agreement. Why
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We have dissected the Franchise Agreement down to its most basic elements, namely: consent, subject matter, and cause or consideration. The first two parts of ‘Dissecting a Franchise Agreement’ discussed the two essential elements of a valid Franchise Agreement, namely, consent and subject matter. Part three focused on the cause or consideration which impels a
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In doing business, there are various forms of business entities to consider, the most common forms of which are 1) single proprietorships, 2) corporations, and c) partnerships. A single proprietorship is a business operated by a single individual. Registration of single proprietorships would take between 1-2 days, and the documentary requirements of the Department of
Sole Proprietorship, Corporation or Partnership: Choosing your business enterprise Read More »
There is no divorce in the Philippines. However, a marriage may be annulled in the Philippines for any of the following causes, existing at the time of the marriage: (1) Either party was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, UNLESS after
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Not all acts constitute crimes. A person who is defending himself, family or property cannot be held criminally liable. Article 11 of the Revised Penal provides for justifying circumstances whereby the person is said to be acting in accordance with law such as self-defense Art. 11. Justifying circumstances. — The following do not incur any
In criminal and family law, the novel concept of Battered Woman Syndrome (BWS) vis-à-vis self-defense has been a controversial topic. Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act (“VAWC”) puts into law this concept and states: SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are
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