HISTORICAL – JURIDICAL KEYS ON THE ORIGIN OF THE CONCEPT OF ABUSE OF RIGHT
HISTORICAL – JURIDICAL KEYS ON THE ORIGIN OF THE CONCEPT OF ABUSE OF RIGHT
Author(s): Carmen SalcedoSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Canon Law / Church Law, EU-Legislation, Commercial Law, Court case, Comparative Law, Administrative Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Abuse of right; emulation; Public and Private Law
Summary/Abstract: The non-existence in Roman Law of jurisprudential theories, specific terminology or legal provisions prohibiting the abuse of rihgt does not prevent us from affirming that surely, based on the general interest of peaceful coexistence and by application of principles of justice, good faith and equity, there were specific actions prohibited in defense of the concurrent rights of others that would lay the foundations on which the current doctrinal and normative conceptions regarding the theorizing and regulation of the abuse of rihgt are based.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 107-125
- Page Count: 19
- Language: Bulgarian