This book provides an inquiry into the concept of abuse of rights as understood under civil law, common law and mixed jurisdictions, giving a comparative view which yields identifiable sources and general elements which make up the notion. Relevant legislative texts dealing with the notion bring forth the accepted standards. An analysis of court judgments, nonetheless, exposes also other trends. A study of Maltese jurisprudence, keeping also in mind the comparative perspective, determines whether elements identified as emanating from the notion are mere characteristics, or whether they are...
This book provides an inquiry into the concept of abuse of rights as understood under civil law, common law and mixed jurisdictions, giving a comparat...