[CIVIL LAW LECTURES] Article 19 and the Chapter on Human Relations | INTRO TO PERSONS

Lex in Motion
10 Jul 202018:08

Summary

TLDRIn this video, the host introduces the chapter on Human Relations from the Civil Code, focusing on the principle of abuse of rights as outlined in Article 19. The video explores the key duties that govern the exercise of rights—acting with justice, giving everyone their due, and observing honesty and good faith. Through real-life examples and case studies, such as Metrobank vs Francisco, the video illustrates the limitations of rights and the consequences of exercising them in bad faith. The aim is to provide a solid foundation for understanding human relations in law, essential for future legal practice.

Takeaways

  • 😀 The chapter on human relations in the Civil Code begins with Articles 19 to 36 and is essential for understanding how we should interact with others in legal contexts.
  • 😀 Article 19 of the Civil Code prescribes that everyone must act with justice, give everyone their due, and observe honesty and good faith when exercising their rights or performing their duties.
  • 😀 The principle of abuse of rights is central to Article 19, outlining the limits of our rights and how they should be exercised to avoid causing harm or acting in bad faith.
  • 😀 Legal persons (such as corporations) are also bound by the provisions of Article 19, meaning they must act with justice and good faith just like natural persons.
  • 😀 The exercise of rights must not be done in bad faith, solely to harm or prejudice another person, as this constitutes an abuse of rights.
  • 😀 The concept of 'good faith' involves honesty, the absence of malice, and an honest belief in the validity of one's rights, with no intention to deceive or exploit others.
  • 😀 Examples of abuse of rights in real-world cases include situations where individuals or organizations misuse their rights, like the example of Metrobank’s wrongful foreclosure of property.
  • 😀 Abuse of rights can result in liability for damages, as demonstrated in the case of Rama v. Piching and Sons, where a corporation abused its right to collect payment.
  • 😀 Article 19's duties also apply when a person is performing their duties, not just exercising their rights, and these duties include fairness, giving everyone their due, and acting with good faith.
  • 😀 The framework established by the chapter on human relations ensures that rights are not exercised excessively or unjustly, and it emphasizes the importance of fairness in all legal dealings.

Q & A

  • What is the main purpose of the chapter on human relations in the Civil Code?

    -The chapter on human relations aims to prescribe norms of conduct for dealing with other people. It outlines the limits of rights, the causes of action for legal disputes, and the remedies for violations of these rights.

  • What does Article 19 of the Civil Code prescribe?

    -Article 19 states that every person must, in the exercise of their rights and in the performance of their duties, act with justice, give everyone their due, and observe honesty and good faith.

  • What is the principle of abuse of rights as defined in Article 19?

    -The principle of abuse of rights, as outlined in Article 19, refers to the misuse or overextension of a legal right. A right is considered abused if it is exercised in bad faith with the sole intention of prejudicing or causing injury to another person.

  • What are the three key duties outlined in Article 19?

    -The three key duties under Article 19 are: 1) Act with justice, 2) Give everyone their due, and 3) Observe honesty and good faith.

  • How does Article 19 limit the exercise of rights?

    -Article 19 imposes limitations on the exercise of rights to prevent their abuse. It emphasizes that rights must not be exercised in a way that is unjust, excessive, or harmful to others. The intention should never be to injure or prejudice another person.

  • What is an example of abuse of rights involving the ownership of animals?

    -An example of abuse of rights would be if a dog owner’s right to keep and care for their dog leads to harm or damage to another person or property. The owner’s right is not absolute, and if their dog causes harm, the other person may exercise their right to defend themselves, potentially causing harm to the dog in the process.

  • How does the law regulate the right to freedom of expression?

    -While the right to freedom of expression is guaranteed, it is not absolute. Limitations exist, such as the crime of libel, and laws like the anti-terrorism law may regulate its exercise. The exercise of this right must be balanced with honesty and good faith.

  • What are the requisites for there to be an abuse of rights under the Civil Code?

    -For there to be abuse of rights, the following requisites must be present: 1) There is a legal right or duty, 2) The right is exercised in bad faith, and 3) The sole intention is to cause injury or prejudice to another person.

  • Can you give an example of a Supreme Court case related to abuse of rights?

    -One such case is Metropolitan Bank and Trust Company v. Francisco, where the Supreme Court found that the bank abused its right to foreclose a mortgage by not following proper procedures and acting in bad faith, ultimately causing harm to the debtor.

  • How does Article 19 relate to the duties of delivery personnel?

    -Article 19's duties to act with justice, give everyone their due, and observe honesty and good faith apply to individuals performing duties, such as delivery personnel. They must ensure that they act fairly, fulfill their obligations, and do so with honesty and integrity, especially when delivering goods.

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Связанные теги
Civil CodeHuman RelationsLegal RightsAbuse of RightsLaw SchoolLegal RemediesJusticeGood FaithBad FaithTorts and DamagesLegal Education
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