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Is the Prohibition of Abuse of Law a Legal Principle?

Publication at Faculty of Law |
2017

Abstract

What is the prohibition of abuse of law? Is it a legal norm, a legal principle, a method of interpretation or something else? The aim of this paper is to find the answers to these questions, i.e. not to describe and define the prohibition of abuse of law but rather to find the most appropriate label for this phenomenon. The hypothesis is formulated that the prohibition of abuse of law is a legal principle.

The secondary but not less important aim is to justify that these questions are worth researching because it is helpful in understanding the phenomenon of abuse of law and also because different labels may also have different impact on legal practice.