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Abuse of Law and its Consequence

Publication at Faculty of Law |
2017

Abstract

In this paper the author compares abuse of law, or its prohibition, in private, civil procedural and EU law in order to determine whether it may be deemed a legal institution whose validity exceeds one or several branches of law. To be able to conduct this comparison, it is necessary to define the abuse of law as an unlawful conduct amounting to a sanction, and thus to understand this phenomenon from the perspective of a liability relationship.