Abuse of rights
In countries that follow Romano-German jurisprudence (civil law), abuse of rights (also known as Prohibition of Chicane) is a judicial principle where law must not be used to allow or justify causing intentional harm.
The Swiss Civil Code states "The manifest abuse of a right is not protected by law."
At least one of four conditions is required to invoke the doctrine:
- the predominant motive for exercising the right is to cause harm
- no serious or legitimate motive exists for exercising the right
- the exercise of the right is against moral rules, good faith, or elementary fairness
- the right is exercised for a purpose other than that for which it was granted.
The principle does not exist in common law jurisdictions.
- "Abuse of Rights". uslegal.com.
- Bolgár, Vera (1975). "Abuse of Rights in France, Germany, and Switzerland: A Survey of a Recent Chapter in Legal Doctrine". Louisiana Law Review 35 (5): 1016–1036.
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