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AllBar 2024CIVIL LAWII. HUMAN RELATIONSA. Abuse of Rights (Civil Code, arts. 19-22)2. Breach of Promise of Marriage

Question

The Topic: Abuse of Rights (Civil Code, arts. 19-22)

Scenario 1:

Maya and Juan have been in a romantic relationship for several years. They have discussed their plans of getting married, and Juan has repeatedly promised to marry Maya. However, after finding out that Maya has inherited a significant amount of money, Juan suddenly breaks off the engagement and refuses to marry her. Feeling betrayed and deceived, Maya decides to take legal action against Juan for breaching his promise of marriage.

Scenario 2:

Javier owns a small piece of land adjacent to Maria's property. Maria plans to build an extension to her house, but the only way to do so is by encroaching a few meters onto Javier's land. Without seeking Javier's permission, Maria starts constructing the extension and ignores Javier's complaints. Javier believes that Maria is abusing her right to build on her property by encroaching onto his land.

Based on the given scenarios and the provisions of the Civil Code (arts. 19-22) concerning Abuse of Rights, specifically the topic of Breach of Promise of Marriage, answer the following question:

  1. Are Maya's legal actions against Juan for breaching his promise of marriage valid? Explain your answer in light of the provisions on Abuse of Rights.
  2. Can Javier claim that Maria is abusing her right to build on her property by encroaching onto his land? Support your answer with applicable provisions on Abuse of Rights.



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Other Questions in This Topic

Bar Review Question: The Topic: Abuse of Rights (Civil Code, arts. 19-22) Scenario 1: Maya and Juan have been in a rom