The measures of Abuse of Rights in Iranian and French Civil Proceedings

Document Type : Research Paper

Authors

1 Ph.D. Student in in Private Law

2 Associate Professor of Private, Qom University, Qom, Iran

3 Assosiate Professor in Private Law, Qom University, Qom, Iran

10.22034/law.2024.58101.3312

Abstract

The prohibition of abuse of rights in civil proceedings is well established, and individuals are not permitted to abuse their rights. Consequently, the prohibition of the abuse of rights is acknowledged as a legal principle in civil proceedings. However, a significant question arises: what constitutes the measure for the abuse of rights in civil proceedings? Specifically, what use of right is deemed illicit and classified as an abuse of right? This study aims at answering this question.
The findings of this research indicate that according to the provision of Article 109 and Articles 133, 139, and 515 of the Civil Procedure Code, as well as the principles of abuse of rights in civil proceedings (purpose of proceedings, public order, and the role of ethics), the use of rights for motives other than pleading for justice and self-defense is deemed an abuse of rights and is illegal in the Iranian civil proceedings. In French law, according to an old legal maxim, malice in the exercise of a right results in the abuse of a right. The French Supreme Court has leant towards the fault theory over time. Scholars have argued that a single rule cannot be considered for the abuse of rights in civil proceedings.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 26 June 2024

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