GOOD FAITH – A CONDITION FOR THE VALID EXERCISE OF DISCRETIONARY RIGHT OR A CRITERION FOR ASSESSING THE ABUSE OF RIGHT?
GOOD FAITH – A CONDITION FOR THE VALID EXERCISE OF DISCRETIONARY RIGHT OR A CRITERION FOR ASSESSING THE ABUSE OF RIGHT?
Author(s): Floriana TudorSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: good faith; bad faith; abuse of right; discretionary (potestative) rights; analiza dimensiunii subiective; reflectată în buna sau reaua credinţă; continuă să aibă o importanţă covârşitoare în evaluarea juridică a circumstanţelor concrete;
Summary/Abstract: The analysis of the subjective dimension, reflected in good or bad faith, continues to have overwhelming importance in the legal evaluation of concrete circumstances. Good faith is not merely a principle of law; it represents an abstract legal standard, which, although not explicitly defined, serves as a reference point for defining opposing concepts, as well as for the consolidation and/or recognition of certain rights. The purpose of this study is to analyze, in a concise manner, the importance of elements related to good faith as an abstract legal standard, compared to bad faith, in the context of the phenomenon of abuse of right. Similarly, this study synthetically analyzes, from the perspective of the element of good faith, the alleged incompatibility of discretionary rights with the abuse of right.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: XII/2024
- Issue No: XII
- Page Range: 589-597
- Page Count: 9
- Language: English
