Section C EXERCISE OF PROCEDURAL RIGHTS AND DUTIES BY PARTIES TO CIVIL PROCEEDINGS – BETWEEN GOOD FAITH AND ABUSE OF RIGHTS
Section C EXERCISE OF PROCEDURAL RIGHTS AND DUTIES BY PARTIES TO CIVIL PROCEEDINGS – BETWEEN GOOD FAITH AND ABUSE OF RIGHTS

Summary/Abstract: Both in substantive and procedural law, good faith is a fundamental principle, as each party involved in a civil legal relationship or litigation has certain obligations corresponding to certain rights recognized by law. ood faith presupposes the exercise of rights in relation to the purpose for which they were recognised by the legislator, and the party is under an obligation not to misuse the right for which it was recognised, failing which it may be liable for the damage caused to the other party if the court finds an abuse of procedural law. The existence of abuse of rights is often difficult to identify and sanction in practice, as it is often difficult to prove that the party intended to misuse the right for the purpose for which it was recognised by law. Also, the party concerned does not invoke the existence of this abuse on the part of the opposing party, which is why it often remains unsanctioned.

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