Judicial principles and studies
Abuse of Rights in Litigation and Its Controls in Unfair Competition Claims
A concise summary of the legal basis for abuse of rights in litigation, the legal controls applied in unfair competition cases, and the practical scope for claiming damages.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The doctrine of abuse of rights in litigation is grounded in tort liability principles alongside the constitutional guarantee of access to courts. The Civil Code contains specific controls on the exercise of rights, while the Unfair Competition law also addresses misuse in a dedicated provision.
Summary
Liability for exercising the right to litigate is viewed from two angles: the general rule that litigation is a legitimate right not normally giving rise to compensation, and the necessary limits to prevent procedural excesses that burden the public judicial function. The Civil Code provision on controls may be proved by any means of evidence; an appellate court must review the case record and the reasons for dismissing an unfair competition claim to determine whether abuse occurred. A harmed party may claim damages for (1) harm from filing the action and (2) harm from urgent measures such as seizure or stopping production. Compensation can include lost profits where their realization was possible and their loss is established, calculated from the relevant procedural act until the judgment becomes final. Delivery of seized items to a guarantor shifts responsibility for the consequences to the seizure applicant, and moral damage can be proved and quantified by expert report.
Practical significance
Courts should closely examine evidence under the Civil Code controls when adjudicating abuse claims, separate the effects of the main suit from those of provisional relief when quantifying damages, and account for the period for which loss is assessed. Where a security was provided for provisional seizure, its value should be considered as the minimum benchmark for related compensation. This content is an 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.