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

Question

Review Question A: Abuse of Rights (Civil Code, arts. 19-22), particularly on the topic of Acts Contra Bonus Mores

Scenario:

Alfonso owns a residential property in a subdivision. He has neighbors who are generally peaceful and respectful. However, one of his neighbors, Ben, continuously causes disturbances and nuisance in the neighborhood. Ben constantly plays loud music late at night, throws parties with rowdy guests, and parks his vehicles in front of other residents' driveways, blocking their access. Despite repeated warnings from Alfonso and the homeowners' association, Ben continues his disruptive behavior.

One day, after yet another sleepless night due to Ben's loud music, Alfonso decides to take matters into his own hands. He erects a tall fence between his property and Ben's, completely blocking off Ben's view and access to the street. Alfonso claims that he is merely protecting his peace and privacy from Ben's constant disturbances.

Questions:

  1. Discuss the concept of abuse of rights as defined in the Civil Code.
  2. Can Alfonso's actions be considered as abuse of rights? Explain your answer.
  3. What legal remedies can Ben take to address Alfonso's actions, if any?



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