PERSPECTIVE ISTORICE SI ACTUALE ASUPRA NOTIUNII ABUZULUI DE DREPT
HISTORICAL AND CURRENT PERSPECTIVES ON THE NOTION OF ABUSE OF RIGHTS

Summary/Abstract: What was the reason for drawing up a general theory of the abuse of rights? Trying to answer to this question may seem like a presumptuous project, the field has expanded so much in recent times, the sources have diversified in such a way that the criteria for analyzing the abuse of rights have developed in an increasingly coherent. Carrying out a dogmatic analysis of the abuse of rights, expressing a theory that leads to the coordination of the principles that govern this field of law as well as their rational explanation represents a real challenge and is embodied in the classification of the notion and its regime, and through the frequency of its use that it would be surprising if there were no general directive and pragmatism would persist as the only mode of action of the courts. A historical approach to the notion leads to a detailed understanding of the goal that the legislator pursued with the regulation of the abuse of rights in the Romanian Civil Code.

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