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PROJECT JURISPRUDENCE

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.
Posted by:PJP
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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.
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