THE IMPACT OF ABUSE OF LAW AND FRAUD OF THE LAW
THE IMPACT OF ABUSE OF LAW AND FRAUD OF THE LAW

Summary/Abstract: We know that initially, the theory of the abuse of law was a creation of doctrine, generated by the situations in the judicial practice that imposed the sanctioning of the abusive exercise of substantial or procedural rights. According to this theory, rights must be exercised according to their purpose and within their normal limits, to protect their holder against possible liability for damage that they may create and that they may be obliged to repair. Abuse of law is an institution initially established in connection with the exercise of real estate property rights, being later extended to civil obligations, family law, as well as domestic and international public law, customs law and, last but not least, criminal and civil procedural law. In this paper we will try to point out the essential aspects regarding the abuse of law and its implications, as well as to distinguish the use from the abuse of law, that is, good faith from bad faith. Also, we will emphasize the connection between the abuse of law and the fraud of the law, two areas so different but leading to the same result. About how the abuse of law is involved every time in fraud to the law, by whose various and infinite means, because, fraus omnia corrumpit. We will expose and analyze the role played by doctrine and judicial practice in the acquisition by the bona fides, in contrast to bad faith, of a bivalent, moral and legal dimension.

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