Interferences between the Abuse of Rights and Defrauding the Law - Conceptual Delimitations, Cases and Controversies
Interferences between the Abuse of Rights and Defrauding the Law - Conceptual Delimitations, Cases and Controversies
Author(s): Camelia IgnătescuSubject(s): Civil Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: abuse of rights; defrauding the law; paulian action; civil offense;
Summary/Abstract: Whereas defrauding the law implies, in fact, the official, but artificial and illegitimate usage of rights to cover the real intention of the subject, which is to circumvent legal provisions, and the abuse of rights implies exceeding the reasonable limits of exercising a legally recognized right, the subject thus violating the purpose for which the law recognizes and defends that right, sometimes the two notions seem to overlap or create confusion as to the correct legal framing and contextualization of the legal situation. The present article therefore aims to present the conceptual delimitations between the abuse of rights and the defrauding the law, grafted on examples, in order to clarify a series of debates and controversies in the literature and the legal practice regarding the interference between the two concepts.
Journal: LOGOS, UNIVERSALITY, MENTALITY, EDUCATION, NOVELTY. Section: Law
- Issue Year: VII/2019
- Issue No: 2
- Page Range: 57-65
- Page Count: 8
- Language: English
