ABUSE OF RIGHTS
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ABUSE OF RIGHTS
The principle of Abuse of Rights is universal. It is embodied in modern codes of several nations such as those of Germany, Switzerland, Brazil, Mexico, Austria, China, Peru and Russia.
Article 2 of the Swiss Civil Code provides, "Every person is bound to exercise his rights and fulfill his obligations according to the principles of good faith. The law does not protect the manifest abuse of a right."
Article 226 of the German Code, restated in Article 148 of the Chinese Code provides, "The exercise of right is forbidden if it can have no other purpose than to injure another." The same idea is expressed in the Mexican Code, Italo-French Project of Obligations and the Project of the Code of Brazil where liability arises for damages when a person exercises his rights only for the purpose of causing injury to another.
In the Philippines, the principle of Abuse of Rights is found in Article 19 of the Philippine Civil Code. It provides, "Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith."
Under the law (Art. 19), there are two (2) acts the principle of Abuse of Rights cover: One, the exercise of a right, and two, the performance of a duty. In these actions, the law provides a rule of conduct a person must observe. That is, to act with justice, give everyone his due, and observe honesty and good faith. Any act outside of this rule and causes injury to another is considered an "Abuse of Right."
In short, an "Abuse of Right" is exercising a right or performing a duty that goes beyond the limit of the rule of conduct resulting to an injury of another. The one causing the injury is liable for damages.
No right is absolute. The right to live does not include the right to injure others. The right to freedom of speech does not include the right to malign others. The right to acquire or possess properties does not include stealing or deceiving others. The right to happiness does not include taking undue advantage of another. The bottom line is, we live in a civil society and there are limits to the exercise of rights.
The principle of Abuse of Rights encompasses all aspects of human existence. It aims to establish a peaceful and orderly co-existence among humans where every right is respected. Hence, the law of the jungle has no place to a civil society.
(Source: "Commentaries & Jurisprudence on the Civil Code of the Philippines" by Arturo M. Tolentino, Ph.B.,D.C.L.)