Question

Scenario 1:

Alan, a resident of Barangay A, has a land dispute with his neighbor, Ben. Alan claims that he has a right of way over a portion of Ben's property, which has been in use for more than 20 years. Ben, on the other hand, insists that no such right of way exists and refuses to grant access to Alan. Both parties are unable to reach a resolution through negotiation.

Discuss the legal effect and application of custom in resolving the dispute between Alan and Ben, with respect to the provisions of the Civil Code, specifically Articles 11 and 12.

Scenario 2:

Carlos, a businessman, has been engaged in the sale of electronic gadgets for many years. He sells his products at a fixed price and provides a warranty of 3 months for all purchases. His customers have become accustomed to this practice and expect the warranty to be honored. However, Carlos encountered financial difficulties and wants to change his policy by reducing the warranty period to 1 month.

Examine the legal effect and application of custom in relation to Carlos' proposed change in warranty policy, in light of the provisions of the Civil Code, particularly Articles 11 and 12.