Landowner & owner of materials in bad faith
1 Landowner & owner of materials in bad faith on Wed Jul 20, 2011 12:04 pm
3 Re: Landowner & owner of materials in bad faith on Thu Jul 21, 2011 10:26 am
5 Re: Landowner & owner of materials in bad faith on Thu Aug 04, 2011 12:04 am
Now, Article 448 provides that the landowner has two options: whether (1)to appropriate the improvements provided he must pay for the necessary and useful expenses OR (2) compel the builder or planter to pay for the price of the land or the sower the proper rent.
If the landowner doesn't want to reimburse the BPS, then he can sell the property under the 2nd option. If, however, he wants to appropriate for himself the improvements, he must respect the BPS' right to retain the properties until the latter is reimbursed for the expenses.
I think the principle of in pari delicto is not applicable here because the instant case does not involve a contract (note that Article 1412 speaks of void contracts while in this case, there is no mention of any contract). Moreover, assuming arguendo that this principle is indeed applicable, by virtue of statutory construction, the rule embodied in a specific provision applies over the general principle. In this case, the specific provision here is Article 453 of the civil code while the general principle is the in pari delicto rule.
6 Re: Landowner & owner of materials in bad faith on Thu Aug 04, 2011 12:20 am
Regarding Paras' book: in our class, we were cautioned from using his commentaries. Marami daw mali.
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