Abuse_of_rights
Abuse of rights
Exercise of a legal right to cause annoyance, harm or injury to another
In civil law jurisdictions, abuse of rights (also known as Prohibition of Chicane) is the exercise of a legal right only to cause annoyance, harm, or injury to another. The abuser is liable for the harm caused by their actions. Some examples of this are abuse of power, barratry, frivolous or vexatious litigation, a spite fence or house, forum shopping, abuse of process, malicious prosecution, tax avoidance (vs. anti-avoidance rules, step transaction doctrine, economic substance), etc. The principle is a creature of case law and was expanded from the neighborhood law doctrine of aemulatio vicini under the jus commune. This principle departs from the classical theory that “he who uses a right injures no one” (= neminem laedit qui suo iure utitur), instead embracing the maxim “a right ends where abuse begins” (= le droit cesse où l'abus commence).[1]
