LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW
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 c...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2014-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.028.pdf |
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| _version_ | 1846146621229760512 |
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| author | Emilian CIONGARU |
| author_facet | Emilian CIONGARU |
| author_sort | Emilian CIONGARU |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-ccf68b54ef744683a95d00bafb4f6a20 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2014-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-ccf68b54ef744683a95d00bafb4f6a202024-12-02T02:20:19ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962014-05-0141261270LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAWEmilian CIONGARU0PhD, Associate Scientific Researcher, Institute of Legal Research „Acad. Andrei Radulescu” of the Romanian Academy, Bucharest, Romania. Scientific Researcher, Hyperion University of Bucharest (corresponding author: emil_ciongaru@yahoo.com).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.http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.028.pdfabuse of lawlegalityindividual interestsequalitysubjective lawprocedural law. |
| spellingShingle | Emilian CIONGARU LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW Challenges of the Knowledge Society abuse of law legality individual interests equality subjective law procedural law. |
| title | LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW |
| title_full | LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW |
| title_fullStr | LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW |
| title_full_unstemmed | LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW |
| title_short | LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW |
| title_sort | legal liability conditions for the abuse of law |
| topic | abuse of law legality individual interests equality subjective law procedural law. |
| url | http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.028.pdf |
| work_keys_str_mv | AT emilianciongaru legalliabilityconditionsfortheabuseoflaw |