Judicial principles and studies
Abuse in the Exercise of Rights: Rules for Compensation Claims
This study summarizes the legal limits on abusive exercise of rights and the claimant's burden of proof in compensation actions, noting the practical effect of filing errors in litigation.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses constitutional and civil-law rules on abuse in exercising rights, clarifying when lawful exercise excludes liability and when use of a right may give rise to compensation under provisions on unlawful exercise.
Summary
- The general rule is that lawful exercise of a right excludes liability; liability arises only if the exercise departs from normal conduct with intent to harm the opponent. - The relevant civil provision lists cases of unlawful exercise which, if present, make the act compensable. - The claimant bears the burden of proving abuse: they must show the defendant used the right in a malicious or abusive manner aimed at harming the claimant. - Mere loss of a suit does not automatically entitle the losing party to compensation; the claimant must establish the tort elements and the abusive character of the conduct. - A practical example concerns a bank claim for unpaid instalments that was shown to be unfounded due to an employee's failure to record an agreed schedule; dismissal for such a recording error does not necessarily amount to abusive exercise beyond ordinary practice.
Practical significance
Claimants must prove the abusive element and intent to obtain compensation, while claimants and creditors should note the practical impact of filing or recording errors that may lead to dismissal without necessarily reaching the threshold of abuse. This content is a general educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.