ABUSE OF RIGHT AND ACTS OF EMULATION. DOGMATIC CREATION WITH ROMAN LAW ORIGIN
ABUSE OF RIGHT AND ACTS OF EMULATION. DOGMATIC CREATION WITH ROMAN LAW ORIGIN

Summary/Abstract: The abuse of rights constitutes a limit to the exercise of rights, a limit that is imposed by reasons of moral nature, which are established by the positive juridical order to avoid harmful behaviour and ensure a pacific coexistence among the members without harming the individual's freedom. Being aware of the difficulty involved in this institution and the lack of a concensus among the lawyers about its juridical nature, the author elaborates on the concept of the abuse of rights, its origin and juridic significance, and discusses a series of criteria that may contribute to the task of its determination. In Roman law and in its evolution to the Medieval theory of the emulation acts we can find an historical precedent, which may be the key to building the modern concept and the theory of abuse of rights.

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