Interferences between the Abuse of Rights and Defrauding the Law - Conceptual Delimitations, Cases and Controversies

Camelia Maria Cezara Ignatescu ()
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Camelia Maria Cezara Ignatescu: Associate Professor PhD, Stefan cel Mare University of Suceava

Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, 2019, vol. 7, issue 2, 57-65

Abstract: Whereas defrauding the law implies, in fact, the official, but artificial and illegitimate usage of rights to cover the real intention of the subject, which is to circumvent legal provisions, and the abuse of rights implies exceeding the reasonable limits of exercising a legally recognized right, the subject thus violating the purpose for which the law recognizes and defends that right, sometimes the two notions seem to overlap or create confusion as to the correct legal framing and contextualization of the legal situation. The present article therefore aims to present the conceptual delimitations between the abuse of rights and the defrauding the law, grafted on examples, in order to clarify a series of debates and controversies in the literature and the legal practice regarding the interference between the two concepts.

Keywords: abuse of rights; defrauding the law; paulian action; civil offense (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev13d:v:vii:y:2019:i:2:p:57-65

DOI: 10.18662/lumenlaw/27

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