SOME REFLECTIONS UPON THE SUBJECTIVE RIGHT AND THE ABUSE OF RIGHT DOCTRINE

https://doi.org/10.52326/jss.utm.2022.5(1).12

UDC 347(478)

Daniela Pojar

Abstract. The purpose of the article is an analysis of the theoretical aspects of the subjective right doctrine. Starting from the idea that the subjective right is something different from the positivist norm, the legal thinking was permanently concerned about giving a definition to it, about determining its features and legal nature, elements that differentiate it from the positive right, as well as establishing the principles of its exercise. In the following article we tried to highlight the fact that the exercise of a right by its holder contrary to the principles of exercise, as well as the fulfillment of the obligations assumed by him gives rise to a phenomenon called abuse of right.

Keywords: abuse of right, objective right, subjective right, positive right, external limit, lawfull purpose, good faith, public order.

Full Text (PDF): Download