A Comparison Of Civil Liability For Abuse Of Rights In Indonesia And The Philippines

Abstract

This normative study compares the regulation and proof of abuse of rights in Indonesia and the Philippines. The Philippines sets a standard for exercising rights in Article 19 of its Civil Code, with damages grounded in Articles 20–21. The Indonesian Civil Code has no equivalent general provision; abuse is assessed through the unlawfulness element of Article 1365 and relevant limits on rights, such as good faith under Article 1338(3). Both countries require causation but differ in normative structure, fault and standard of proof. Proof must connect the right, its manner of exercise, fault and damage.