"A" as Abuse of Right

A legal term per day: A as "Abuse of right". In Italian "abuso del diritto", in French "abus de droit", in Spanish "abuso de derecho".
The term is commonly referred to the exercise of a right in order to harm a third party, disregarding the social duties, only to cause annoyance, harm, or injury to another.

ABUSE OF RIGHT

The principle is a creature of case law and was expanded from the neighborhood law doctrine of aemulatio vicini under the jus commune. This principle departs from the classical theory that “he who uses a right injures no one” (= neminem laedit qui suo iure utitur), instead embracing the maxim “a right ends where abuse begins” (= le droit cesse où l'abus commence).
In civil law jurisdictions, abuse of rights (also known as Prohibition of Chicane) is the exercise of a legal right only to cause annoyance, harm, or injury to another. The abuser is liable for the harm caused by their actions. Some examples of this are abuse of power, barratry, frivolous or vexatious litigation, a spite fence or wall, forum shopping, abuse of process, malicious prosecution, tax avoidance (vs. anti-avoidance rules, step transaction doctrine, economic substance), etc.

An important concept since the origins of Law

See the encyclopedic definition: https://en.wikipedia.org/wiki/Abuse_of_rights

At least one of four conditions is required to invoke the doctrine:
-the predominant motive for exercising the right is to cause harm
-no serious or legitimate interest exists for judicial protection
-the exercise of the right is contra bonos mores or violates good faith or elementary fairness (equity)
-the right is exercised for a purpose other than its intended legal purpose.
The principle does not exist in common law jurisdictions.
In Scots law (which is mixed civil/common law jurisdiction), abuse of rights is called aemulatio vicini.