Abuse of Rights and Abuse 
of Power Cover Image

Abuse of Rights and Abuse of Power
Abuse of Rights and Abuse of Power

Author(s): Ramona-Lorena Paraschiv
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: abuse of rights; abuse of power; the principle of legality; discretionary power; civil servant; employer; legal liability;

Summary/Abstract: The social, economical and political realities in our country have determined the more and more frequent use, in public, of the notion of "abuse of rights". Is the abuse of rights an abuse of power, in the sense of art. 15 of the Civil Code, according to which "no right can be exercised for the purpose of causing injury or damage to another or in an excessive and unreasonable manner, contrary to good faith"? Starting from this question, we will separate the two notions and will emphasise their particularities, including in terms of the legal liability drawn by the "excess" in exercising the law or in accomplishing the act of public power

  • Issue Year: VII/2019
  • Issue No: VII
  • Page Range: 413-422
  • Page Count: 10
  • Language: English