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ABUSE OF RIGHTS

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1 ABUSE OF RIGHTS on Wed Oct 01, 2008 9:32 pm

civil


Prision Mayor
ABUSE OF RIGHTS: when the right is exercised for the purpose of prejudicing or injuring another.

ACCION IN REM VERSO:
Action for recovery of what has been paid without just cause

Requisites:
1. Defendant has been enriched

2. Plaintiff suffered a loss

3. Enrichment of defendant is without just or legal ground

4. Plaintiff has no other action based on contract, quasi contract, crime or quasi-delict

Distinguished from solutio indebeti: Mistake is an essential element in solutio indebeti but not in accion in rem verso.

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2 Re: ABUSE OF RIGHTS on Wed Oct 01, 2008 9:32 pm

civil


Prision Mayor
CIVIL ACTIONS

Accused in a criminal case is acquitted because his guilt was not proved beyond reasonable doubt: plaintiff may still file a civil action for damages for the same act or omission.

Independent civil actions: Articles 31 to 34, 2176

31: based on an obligation arising from act/omission complained of as a felony

32: violation of civil liberties

33: defamation, fraud and physical injuries

34: police refuses/fails to render aid or protection to any person in case of danger to life or property

36: prejudicial questions

Elements :
1. Civil action involves an issue intimately related to the issue in criminal action

2. Resolution of issue in civil case determines whether or not the criminal action may proceed

3. Cognizance of civil case pertains to another tribunal

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3 Re: ABUSE OF RIGHTS on Sat Oct 27, 2012 3:27 pm

jie84


Arresto Menor
ABUSE OF RIGHTS: when the right is exercised for the purpose of prejudicing or injuring another.

ACCION IN REM VERSO:
Action for recovery of what has been paid without just cause


i have a question po..if one gives false report to his subordinates, such as appraisals etc. does this fall in this category abuse of rights?? thanks..

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4 Re: ABUSE OF RIGHTS Today at 2:57 pm

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