혼합법계로서의 필리핀 법체계에 대한 소고 - 혼합법계의 형성과정 및 그 내용을 중심으로 -

The birth of the mixed jurisdiction in th Philippines occurred when the Spanish, having implanted their own variant of the civil-law system, transferred sovereignty to the United States, which imposed its common-law system. The Americans installed their own political and public law system by extending common-law inspired statutes and organic laws to the Philippines. The pre-existing private law was left in place, except for certain aspects which were thought to be in conflict with American notions of democracy and republicanism. But the Americans appointed American judges at all levels of the Philippine judiciary, who imported American wholesale into the Philippines. In that environment, there was no escape from the influences of the common-law on the private law of the Philippines. The field of obligations has been the area of civil law most affected by common law reception or interaction, especially in areas encroached upon by commercial or labor relations. Tort has been most affected but both contract and quasi-contract have also been absorbed their share of common law. Even the field of property has been affected by common las, because of the advent of the "stewardship" concept of property and the imperatives of social justice in a developing country where there is need to bridge the gap between the privileged few and the majority who are poor. The constitution of the Philippines justifies the governmental intervention in economic affairs.