>>>>Agency and Trusts, Partnerships and Joint Ventures (Non-Corporate Media of Doing Business) [Clothbound]

Agency and Trusts, Partnerships and Joint Ventures (Non-Corporate Media of Doing Business) [Clothbound]

by Cesar L. Villanueva

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Agency and Trusts, Partnerships and Joint Ventures (Non-Corporate Media of Doing Business) [Clothbound]

Agency and Trusts, Partnerships and Joint Ventures (Non-Corporate Media of Doing Business) [Clothbound]

by Cesar L. Villanueva

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The publication of this book was primarily motivated by the author’s desire to teach to his students – future practitioners and professors – of the need to treat the course “Partnership & Agency” more as commercial vehicles of pursuing business, rather than as mere civil law subjects of the Civil Code of the Philippines. Over the years that the author has been teaching Philippine Corporate Law, he came to the realization that the background of his students in “Partnership & Agency” did not well-complement their desire to become conversant with a common-law based commercial subject as Corporation Law. Therefore, the author felt the need to volunteer himself to handle a section in “Partnership & Agency,” in order to develop a course outline that would look at non-corporate media of doing business as having the same dynamic and progressive stance as that of Philippine Corporate Law — to teach “Agency & Partnerships” as cornerstones of Philippine Commercial Laws in the pursuit of national development.

The obsession resulted in overhauling the course to place together into a more practice-oriented grouping of the “Non-Corporate Media of Doing Business” in comparison with Philippine Corporate Law from where it has imported much of its concepts, doctrines and structures. It meant studying first the Law on Agency and the Law on Trusts before going into Partnership Law, to have a better understanding of two of the great features of every partnership arrangement — mutual agency and unlimited liability. Philippine Partnership Law is studied on the basis of it being a product of the amalgam of civil law provisions in the old Civil Code, the Spanish Code of Commerce and American laws on partnerships, including limited partnerships. More importantly, the book discusses in-depth the special features of the partnership arrangement as a business vehicle superior in the field in which it is meant to operate—essentially small and medium sized business enterprises, where personal involvement is essential.

With the announcement by President Benigno S. Aquino, Jr.,that the “Public-Private Partnership” system or “PPP” would be the cornerstone of his administration in achieving accelerated economic development in our country, it is but fitting that the book presents the Law and Practice on Joint Ventures, that treats of joint ventures as whole system by which large infrastructural projects, usually involving international partners, can be pursued. Although there is word that the P-Noy Aquino Administration is preparing a new set of rules governing Joint Venture arrangements, included in this first edition of the book are the NEDA Rules on Joint Ventures which have been issued primarily in support of PPP schemes.

Like the other legal publications of the author, this work recognizes what has been implicit in the Philippine legal system: that our hybrid legal system adheres to both the traditions of the civil law and the common law systems; and although our system recognizes the primacy of statutory provisions, it also places practically the same value to policy considerations as they evolve in actual settlement of disputes in our society as expressed in decisions of the Supreme Court. Necessarily, the complexion of various legal principles and doctrines continue to evolve, if not to be altered or discarded, as policy considerations are made to adjust to evolving contemporary settings.

Those who would like to use the Course Outline that is the basis for the book may download it from www.deanclv.net.

Author(s)Cesar L. Villanueva

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