Chapter 2 Human Relations

Question 1

what is abuse of right

Answer 1

when a right is exercised does not conform to the norms enshrined in this article and results to damage, the wrongdoer must be held responsible

Question 2

what are the requisites in the abuse of right

Answer 2

the existebce of a legal right, intent of prejudicing or injuring another

Question 3

what is bad faith

Answer 3

dishonest purpose or conscious doing of a wrong or a breach of a known duty

Question 4

what is malice

Answer 4

intention to do ulterior and unjustifiable harm

Question 5

what is good faith

Answer 5

intention to abstain from unscrupulous advantage of another

Question 6

what is the common element in 19 and 20. and the distinction in 21?

Answer 6

19 and 20 - act must be intentional. 21 - may be done willfully or negligently

Question 7

what is the difference between error and wrong

Answer 7

wrong is the deprivation or violation of a right, error is simply making a mistake (eg. oratorical contest)

Question 8

damnum abesque injuria

Answer 8

harm without injury

Question 9

what are the requisites to claim for damages

Answer 9

a right of action of legal wrong + damage resulting to the plaintiff

Question 10

what is injury

Answer 10

illegal invasion of a legal right

Question 11

what is damage

Answer 11

loss, hurt, which results from injury

Question 12

what is damages?

Answer 12

satisfaction for an injury sustained

Question 13

danages may be …

Answer 13

actual, compensatory, moral, nominal, temparate/moderate, liquidated, exemplary

Question 14

what are the elements of contra bonus mores

Answer 14

there is an act which is legal, but is contrary to moral and good customs, it is done with intent to injure

Question 15

can a person who breach to marry be held liable

Answer 15

it has no standing in the civil law, but by virtue of Art 21 recovery of money and property advanced may be done. the plaintiff may also claim for damages (moral)

Question 16

what is malicious prosecution

Answer 16

an action for damages brought by one against whom a criminal prosecution, civil suit or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution in favor of the defendant therein

Question 17

what are the requisites for malicious prosecution

Answer 17

1. the fact of the prosecution and the further fact that the defendant was himself the prosecutor and that the action was terminated with an acquittal, 2. in bringing action, the prosecutor acted without probable cause, 3. prosecutor was actuated or impelled by legal malice

Question 18

is fault and negligence required in art 22?

Answer 18

no. in fact he does not have to do any act. for as long as he benefited from the act that caused injury to the petitioner

Question 19

nemo ex alterius incommodo debet lecupletari

Answer 19

no man ought to be made rich out of another’s injury - UNJUST ENRICHMENT

Question 20

what are the 2 conditions of unjust enrichment

Answer 20

1. person is benefited, 2. the said benefit is derived at the expense of another

Question 21

what is accion in rem verso

Answer 21

the action for recovery of what has been paid without just cause

Question 22

what are the 4 essential eleemts of accion in rem verso

Answer 22

1. defendent has been enriched, 2. the plaintiff suffered a loss, 3. enrichment is without legal ground, 4. the plaintiff has no other action to take

Question 23

what is parens patrie

Answer 23

principle where the state being the protector of the citizens, especially those who cannot protect themselves

Question 24

non sui juris

Answer 24

under legal disability

Question 25

what does art 26 emphasize?

Answer 25

sacredness of human personality- a concomitant consideration of every plan for human amelioration.