Practice question
During an imminent danger, an owner’s property is necessarily interfered with to avert a threatened injury much greater than the resulting property damage. The Article 432 conditions are established and no unlawful excess occurs. The person benefited argues that lawful necessity makes any indemnity impossible. Which is best?
- Every necessary intervention is criminal.
- The owner may always prevent the intervention regardless of comparative danger.
- No beneficiary can ever owe compensation after a lawful act.
- Article 432 recognizes that the owner may demand indemnity from the person benefited despite the qualified necessity rule.
- The property owner automatically acquires every beneficiary’s assets.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 23,432 and 2176.
Answer this question in flashcards to review your response and continue practicing.