Document Type : Research Paper
Authors
1
Doctoral student (specialty of private law), Faculty of Law and Political Science, Tehran, Iran
2
Professor of Private Law Department, Mazandaran Branch, Faculty of Law and Political Science, Mazandaran, Iran
3
PhD in Private Law, Faculty of Law, Theology and Political Science, Research Sciences Unit, Islamic Azad University, Tehran, Iran
10.22034/law.2024.57450.3293
Abstract
In order to control the quality of the exercise of the right, it is necessary to specify a criterion through which the abuse of the right can be identified.
Method: In terms of purpose, this writing is practical, and in terms of the method of compilation, it has been done in the form of documents and libraries and through the study of laws and regulations and reliable sources.
Regarding the findings of the research, it can be stated that, although Article 132 of the Civil Code is the basis of the legislator's view on the ruling on the abuse of the right, the nature of multiple types of rights has caused the limitation of the right to be two-sided; Regarding the scope of the abuse of the right, it should be considered that the theory of abuse of the right applies only to the exercise of the right, while the rule of non-harm is not limited to the customary scope of the exercise of the right, such as the right of ownership or the right of passage.
Regarding the results of the research, it can be said that the place of flow of the rule of abuse of the right is the application and implementation of the right; And in Iran's legal system, it is used to deal with the harm caused by legal rulings and to fight against the right to enforce a right that leads to another harm. On the other hand, in French law, in case of abuse in the position of enforcement of the right, the ruling of permission and falsification of the exercise of the right is removed and it has an equal relationship with the theory of negation of the ruling.
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