LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

Challenges of the Knowledge Society

Emilian CIONGARU¹ 

[1] PhD, Associate Scientific Researcher, Institute of Legal Research „Acad. Andrei Radulescu” of the Romanian Academy, Bucharest, Romania. Scientific Researcher, Hyperion University of Bucharest (corresponding author: [e-mail]).;

关键词: abuse of law;    legality;    individual interests;    equality;    subjective law;    procedural law.;   

DOI  :  

来源: DOAJ

【 摘 要 】

Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

【 授权许可】

Unknown