Abuse of rights

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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.

Influence[edit]

The prohibition of chicane is known as the abuse of rights (German Wikipedia link) in German law (BGB §226).

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:[1]

  • 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 the Anglo-Saxon system.[citation needed]

See also[edit]

References[edit]

  1. ^ "Abuse of Rights". uslegal.com. 

Further reading[edit]