GOOD FAITH - A FUNDAMENTAL PILLAR FOR LEGAL RELATIONS. CONCEPTUAL BOUNDARIES BETWEEN GOOD FAITH AND DOMESTIC AND EUROPEAN ABUSE OF RIGHTS
GOOD FAITH - A FUNDAMENTAL PILLAR FOR LEGAL RELATIONS. CONCEPTUAL BOUNDARIES BETWEEN GOOD FAITH AND DOMESTIC AND EUROPEAN ABUSE OF RIGHTS

Summary/Abstract: The study of the concept of abuse of rights, from the moment of its substantiation until now, reveals that the analysis of the existence of an abuse of rights took into account two concepts in antithesis the objective conception and the subjective conception. The analysis of the subjective factor, transposed in good or bad faith, still presents an overwhelming relevance in the legal diagnosis of the state of affairs. Good faith is more than a principle of law; it represents an abstract, indefinite legal standard, but to which refer both the definitions of some concepts in antithesis, but also the consolidation and/or recognition of some rights. The study aimed to analyze, in a synthetic way, the relevance of the elements of good faith as an abstract legal standard and comparison of bad faith, in the context of abuse of rights.

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