Nội dung text DIVINA - Commercial Law a Comprehensive Guide Vol 2 (2021).pdf
DIVINA on COMMERCIAL LAW A Comprehensive Guide Volume II NILO T. DIVINA w Published & Distributed by yWREX Book Store 856 Nlcanor Reyes, Sr. St Tel. Nos.: 8736-0567/8733-6746 2161-65 Freedom Bldg., C.M. Recto Avenue Tel. Nos.: 8522-4521/8522-4107 Manila, Philippines www.rex.com.ph $ - J9JC9B0M
FOREWORD 16 April 2021 :reas-bernabe iii I would like to congratulate Dean Divina for this momentous effort well done. This comprehensive guide should be considered as an important resource in the field of commercial law that is definitely worthy ofpraise and commendation. ESTELA M^Rl/kS-BERNABE SeniorAssociate Justice Supreme Court ofthe Philippines Among the different fields oflaw, commercial law has perhaps the most practical and utilitarian application in this day and age of incessant innovation, interconnectedness, and technological breakthroughs. Indeed, we engage in a myriad of commercial transactions on a daily basis, ranging from the more mundane activities of booking public transport and having our basic commodities delivered through third- party couriers, to the more complex pursuits such as business mergers and consolidations, and even corporate rehabilitation or liquidation. These matters and a whole lot more are given stability and structure through the different facets of commercial law, which, for its extensiveness and breadth, has become an indispensable aspect of today’s society and its ever-evolving future. In a sense, commerce is the lifeblood of a nation. As such, it is vital that our aptitude and understanding of commercial law be continuously honed. Emblematic ofthe subject, the commercial law qualities ofpracticality and utility are likewise reflected in this new undertaking of Dean Nilo T. Divina, whose expertise and experience in the field are insightfully showcased in this compendium ofquestions. In particular, Dean Divina craftily weaves various topics and issues in the realm of insurance, pre-need plans, transportation (including air transportation), partnerships, and corporate law, into useful hypotheticals that are intelligibly answered in order to convey the underlying essentials ofeach subject matter. In the same vein, fundamental definitions and enumerations for each subject are included, providing the reader an effective memory aid that is easy to follow. Truly, this book, with its clear, concise, and simple presentation, but comprehensive scope, will surely serve as an important tool not only for law practitioners and law students alike, but also to the layman who has a legitimate desire to familiarize himself with the basic concepts as well as seemingly intricate workings ofcommercial law. J9JC9B0M
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FOREWORD The motivational writer Paul j. Meyer once said: v Commercial law has never been the cup oftea of a lot oflaw students, which most probably accounts for their comparably low ratings on the subject in bar examinations. In their law course, they plod through what they perceive, rightly or wrongly, as endless arid landscapes of “Productivity is never an accident It is always the result of commitment to excellence, intelligent planning and focused effort" Never has this observation been as valid as when applied to the intellectual fecundity of UST Law Dean Nilo T. Divina, noted law practitioner and professor, a much sought after lecturer, respected academician, and best-selling author of law books. Nary has a year passed since the launch, against all pandemic odds, of his treatise on Philippine Corporation Law, when again today he astounds the legal community with a 2-volume 1,286 - page compendium on Philippine commercial law. The author examines, analyzes and deconstructs into understandable concepts our laws on insurance, pre-need companies, transportation, securities, banking, intellectual property, anti-money laundering, investments, data privacy and competition. Most remarkable is that he has conjoined all these separate pieces of legislation into just one instrument for easy and convenient research and reference. Generously spread all over it are annotations of provisions of commercial law, pertinentjurisprudence, and insightful commentaries reflective of the knowledge, wisdom and experience acquired by the writer as a staunch disciple ofthe law. Without question, this work is the result of the Dean's continuous pursuit of excellence most especially in thatratified discipline oflegal scholarship and pedagogy. J9JC9B0M