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ABUZUL DE DREPT INTRE TRADITII SI PERSPECTIVE - LAW ABUSE BETWEEN TRADITION AND PERSPECTIVES (Romanian version)

Author

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  • SACHE NECULAESCU

    (CONFERENTIAR UNIV. DR. LA UNIVERSITATEA VALAHIA DIN TARGOVISTE, FACULTATEA DE DREPT SI STIINTE SOCIALE)

Abstract

One aphorism that aspires to eternity is the one stating that qui suo iure utitur neminem laedit. In time it has been invoked in different ways: while the absolute rights advocates have interpreted it in its formal aspect, focusing on the omnipotence of individual rights, the promoters of the relative rights have argued that one’s rights end where another's rights begin, so that the individuals with excessive exercising of their right commit an abuse of law. As for the explanation of its sanction, the classical theory treats it as liability in tort, based on moral conduct censorship. Meanwhile, more and more legal assumptions on it have been detached from guilt. The Romanian New Civil Code incorporates part of these trends, considering guilt as a basis for civil liability. This study aims to critically examine legal solutions advanced by the new regulation, trying to explain the sanction of abuse of rights from other perspectives, different from the imperative of sanctioning the guilty conduct of the holder.

Suggested Citation

  • Sache Neculaescu, 2010. "ABUZUL DE DREPT INTRE TRADITII SI PERSPECTIVE - LAW ABUSE BETWEEN TRADITION AND PERSPECTIVES (Romanian version)," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 156-170, December.
    • Handle: RePEc:lum:rev4rl:v:1:y:2010:i::p:156-170
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    Keywords

    abuse of law; good faith; moralization of the contract; contract solidarism; disclaimer;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K29 - Law and Economics - - Regulation and Business Law - - - Other

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