Question

Abuse of Rights: Acts Contra Bonus Mores

Scenario:

Emma owns a residential property situated in a tightly-knit community. She decides to demolish her old house and build a multi-story building in its place. Emma had previously consulted with the local government's urban planning office and secured the necessary permits to proceed with the construction.

During the construction phase, Emma directs her workers to carry out construction activities even beyond the allowed hours of operation indicated in the local ordinances. As a result, the noise and disturbance caused by the construction activities have been impacting the neighboring residents, disrupting their sleep and causing undue stress.

The affected residents approach Emma and request her to comply with the prescribed hours of construction operation to minimize the disturbance. However, Emma dismisses their concerns and insists on continuing with the construction activities during extended hours, arguing that she has the legal permits and rights to do so.

Question:

1. Discuss the concept of "Acts Contra Bonus Mores" under the concept of Abuse of Rights in relation to the scenario provided. (5 points)