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Doctrine Compilation

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DOCTRINE COMPILATION

DOCTRINE OF INCOMPLETE PRIVILEGE

The Doctrine of Incomplete Privilege is a concept is civil law regarding the right
of an owner of a thing and the limitation to this right in cases of interference.
This doctrine has been codified in Article 432 of the Civil Code of the Philippines.
It is also called the rule on "state of necessity."

Article 432. The owner of a thing has no right to prohibit the interference of
another with the same, if the interference is necessary to avert an imminent
danger and the threatened damage, compared to the damage arising to the
owner from the interference, is much greater. The owner may demand from the
person benefited indemnity for the damage to him.

DOCTRINE OF DAMNUM ABSQUE INJURIA

The legitimate exercise of a person’s right, even if it causes loses to another, does
not automatically result in an actionable injury and the law does not prescribe
remedy for the loss.

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