Civ Code - Human Relations (Art. 19 - 36) Flashcards
What is the Principle of Abuse of Rights?
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.
Elements of Abuse of Rights
1. there is a legal right or duty
2. which is exercised in bad faith
3. for the sole intent of prejudicing or
causing damage to others.
What is the CONCEPT OF DAMNUM ABSQUE INJURIA?
damage without legal injury, [in the legitimate exercise of a person’s right, even if it causes loss to another, this does not automatically result in an actionable injury]
When is DAMNUM ABSQUE INJURIA not applicable?
1) where there is abuse of a person’s right
2) when the exercise of this right is suspended or extinguished pursuant to a court order
What is unjust enrichment?
When a person unjustly retains a benefit to the loss of another, or a person retains money and property of another against the fundamental principles of justice, equity and good conscience
What is principle of “Parens Patriae”?
This refers to the sovereign power of the State in safeguarding the rights of person under disability such as the insane and the incompetent or “ the obligation of the State to minimize the risk to those because of their minority are as yet unable to protect themselves fully
Principle of Solutio Indebiti
the legal basis for the principle that no one shall enrich himself at the expense of another
Kinds of Damages
Mental
Exemplary/corrective
Nominal
Temperate
Actual
Liquidated
What is a dependent civil action?
that which could not be tried separately or independently from the criminal action
What is an independent civil action?
one that is brought distinctly and separately from a criminal case - this is allowed for considerations of public policy
What is a prejudicial question?
one that arises in a case, the resolution of which is a logical antecedent of the issue involved therein and the cognizance of which pertains to another tribunal
