[CIVIL LAW LECTURES] Article 22 and the Principle of Unjust Enrichment | INTRO TO PERSONS скачать в хорошем качестве

[CIVIL LAW LECTURES] Article 22 and the Principle of Unjust Enrichment | INTRO TO PERSONS

In last Friday’s lesson, we walked about Article 21 of the Civil Code, in relation to Articles 19 and 20. We talked about the distinctions of the cause of action under Article 20 and 21. Under Article 20 of the Civil Code, the basis of the action is always an unlawful act, or an act that is contrary to some specific provision of the law and that such act, must be done willfully or negligently. On the other hand, an action under Article 21 of the Civil Code is one that is also called contra bonus mores. It can never be committed by mere negligence, only through a willful or voluntary act. In last week’s discussion, we also talked about the specific instances when a breach of promise to marry becomes an actionable wrong. In our discussion, we noted that there is an action under Article 21 when the breach of promise to marry is coupled with seduction, when the promise becomes the proximate cause for sexual intercourse, and there is proof that there was never any intention to keep that promise, and finally – when extensive preparations for wedding have been made. In case you missed this discussion, there will be a link to that in the description down below. Today, we’re taking a look at Article 22 of the Civil Code. This provision defines for us the principle of unjust enrichment and the cause of action that’s also known as accion in rem verso. By the end of today’s lesson, you should be able to: 1. Define the principle of unjust enrichment; 2. Identify the different requisites for an accion in rem verso to prosper; 3. Distinguish accion in rem verso from solutio indebiti. All of this and more, coming right up. ********************* SHOW NOTES: 1. Follow the first parts of INTRODUCTION TO PERSONS here:    • CIVIL LAW LECTURES   2. Read Jalandoni-Osmeña vs. Encomienda here: https://lawphil.net/judjuris/juri2017... 3. Read Beumer vs. Amores here: https://lawphil.net/judjuris/juri2012... 4. Read Loria vs. Muñoz here: https://lawphil.net/judjuris/juri2014... 5. Read University of the Philippines vs. PHILAB Industries here: https://www.lawphil.net/judjuris/juri... 6. Take the short quiz here: https://forms.gle/iHvm2PnZ2H87yiJT9