EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS
The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjectiv...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2012-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_047.pdf |
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| _version_ | 1846094237746069504 |
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| author | NICOLAE GRADINARU |
| author_facet | NICOLAE GRADINARU |
| author_sort | NICOLAE GRADINARU |
| collection | DOAJ |
| description | The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc. |
| format | Article |
| id | doaj-art-202dc1b70f2b47cda1a3514d04a8e3ad |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2012-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-202dc1b70f2b47cda1a3514d04a8e3ad2025-01-02T14:38:26ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962012-05-012-447452EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTSNICOLAE GRADINARUThe abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc.http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_047.pdffood faithbad faithabuse of rightaquilian responsibilitypublic ordermorals |
| spellingShingle | NICOLAE GRADINARU EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS Challenges of the Knowledge Society food faith bad faith abuse of right aquilian responsibility public order morals |
| title | EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS |
| title_full | EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS |
| title_fullStr | EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS |
| title_full_unstemmed | EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS |
| title_short | EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS |
| title_sort | exercise with bad faith of subjective civil rights |
| topic | food faith bad faith abuse of right aquilian responsibility public order morals |
| url | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_047.pdf |
| work_keys_str_mv | AT nicolaegradinaru exercisewithbadfaithofsubjectivecivilrights |