The general clause of right abuse as longa manus function of civil responsibility institute
DOI:
https://doi.org/10.5433/2178-8189.2007v11n0p57Keywords:
Civil law, general clauses, civil responsibility, right abuse, law principle.Abstract
The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, matching with another law fields, reason that include a great situations and law probabilities, should be worked as a law principle.