Question

Subject: Abuse of Rights (Civil Code, Articles 19-22)

Scenario:

John, a homeowner, is facing a dispute with his neighbor, Mark, over the placement of a boundary fence. John believes that the boundary fence should be erected slightly inside his property, while Mark argues that it should be installed on the actual boundary line. Despite their attempts to resolve the issue amicably, their discussions have been unfruitful.

One day, frustrated with the ongoing conflict, John decides to take matters into his own hands. He hires a group of workers to demolish the existing fence and erect a new one, unilaterally moving it inside his property by a significant margin.

When Mark learns about this unauthorized action, he becomes furious and decides to take legal action against John. Mark claims that John's conduct is an abuse of rights under the Civil Code, specifically falling under acts contra bonus mores.

Question:

Discuss whether John's unilateral action of demolishing and relocating the boundary fence can be considered an abuse of rights under the concept of acts contra bonus mores in the Civil Code. Provide legal justifications for your answer.