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AllBar 2024CIVIL LAWII. HUMAN RELATIONSA. Abuse of Rights (Civil Code, arts. 19-22)1. Acts Contra Bonus Mores

Question

Question A: Abuse of Rights - Acts Contra Bonus Mores

Read the following scenario and answer the question that follows:

Scenario:

John and Mary are neighbors who have been having a long-standing dispute over a parking space in their residential area. Frustrated with John constantly parking his vehicle in front of her house, Mary decides to take matters into her own hands. One night, she deliberately scratches John's car using a sharp object, causing significant damage.

John is furious and decides to take legal action against Mary for the damage caused to his car. In court, Mary argues that she was merely exercising her right to protect her space and that John's constant disregard for her rights pushed her to take such action. Meanwhile, John claims that Mary's actions were not only malicious but also constituted an abuse of rights.

Question:

Discuss the concept of abuse of rights, particularly in the context of Acts Contra Bonus Mores. Apply the relevant provisions of the Civil Code, specifically Arts. 19-22, to determine whether Mary's actions can be deemed an abuse of rights.




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Bar Review Question: Question A: Abuse of Rights - Acts Contra Bonus Mores Read the following scenario and answer the q