The document discusses the principle of abuse of rights found in Articles 19-21 of the Civil Code of the Philippines. It states that in exercising one's rights and duties, one must act with justice, give others their due, and observe honesty and good faith. Anyone who willfully or negligently causes injury to another must provide indemnification. Additionally, anyone who causes loss or injury to another in a manner contrary to morals, good customs, or public policy must also compensate the injured party. The three articles are related in that they provide for compensation for damages caused by abuse of rights, even if the act itself is not unlawful.
The document discusses the principle of abuse of rights found in Articles 19-21 of the Civil Code of the Philippines. It states that in exercising one's rights and duties, one must act with justice, give others their due, and observe honesty and good faith. Anyone who willfully or negligently causes injury to another must provide indemnification. Additionally, anyone who causes loss or injury to another in a manner contrary to morals, good customs, or public policy must also compensate the injured party. The three articles are related in that they provide for compensation for damages caused by abuse of rights, even if the act itself is not unlawful.
The document discusses the principle of abuse of rights found in Articles 19-21 of the Civil Code of the Philippines. It states that in exercising one's rights and duties, one must act with justice, give others their due, and observe honesty and good faith. Anyone who willfully or negligently causes injury to another must provide indemnification. Additionally, anyone who causes loss or injury to another in a manner contrary to morals, good customs, or public policy must also compensate the injured party. The three articles are related in that they provide for compensation for damages caused by abuse of rights, even if the act itself is not unlawful.
The document discusses the principle of abuse of rights found in Articles 19-21 of the Civil Code of the Philippines. It states that in exercising one's rights and duties, one must act with justice, give others their due, and observe honesty and good faith. Anyone who willfully or negligently causes injury to another must provide indemnification. Additionally, anyone who causes loss or injury to another in a manner contrary to morals, good customs, or public policy must also compensate the injured party. The three articles are related in that they provide for compensation for damages caused by abuse of rights, even if the act itself is not unlawful.
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The principle of abuse of rights is
found under Articles 19, 20 and 21
of the Civil Code of the Philippines, which states that: Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. What is good faith? Bona Fides, Sincere intention towards being honest and being fair What is willfully? Voluntary without any influence, out of own will, innocence of act is not excusable, opposite of willful is still punishable as it results to negligence. Acts which the laws refer to are to do or not to do What is morals? General principles of what is right and wrong. Although the requirements of each provision is different, these three (3) articles are all related to each other. Abandoned Classical Theory he who uses a right injures no one. Grant indemnity for damages in cases where there is an abuse of rights, even when the act is not unlawful.
When a right is exercised in a
manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be held responsible. Abuse of rights: (1) There is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent (whether willfully or negligently) of prejudicing or injuring another. Thus, anyone who, whether willfully or negligently, in the exercise of his legal right or duty, causes damage to another, shall indemnify his victim for injuries suffered thereby. The damaging act will be the basis for an award of damages to the injured party. REASON: If mere fault or negligence in ones acts can make him liable for damages for injury caused thereby, with more reason should abuse or bad faith make him liable. CLEAN HANDS DOCTRINE The innocent in hands, and clean of heart, who hath not taken his soul in vain, nor sworn deceitfully to his neighbor. PSALM 24:4 He who demands justice fairness and equity must come with clean hands. This is to prevent anyone from profiting from their own wrongdoing. The action (or inaction) of the party seeking equity must be free from fault. He that hath committed iniquity shall not have equity
The law, therefore, recognizes the
primordial limitation on all rights: that in their exercise, the norms of human conduct set forth in Article 19 must be observed.
A right, because law as become illegality.
though by itself legal
recognized or granted by such, may nevertheless the source of some