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.

Influence

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 principle does not exist in common law jurisdictions.

See also

References

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

Further reading

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