Return of Balance to the Theory of Abuse of Right

Avarice in implementing right not only is morally reprehensible but the law also explicitly rejects it. However, the scope of implementing right has always been disputed, and often, we observe the formation of different legal decisions in this important area of tort law. Enacting articles 352 to 354 of the ex Penal Code represented the absolute liability of the owner of the right; it did not have any result except suspension in the time of friction with the other people’s right, which prompted criticism from legal writers and resulted in the nullity of the mentioned articles; writing and enacting of article 521 of the new Penal Code did not make things so clear. The present paper looks for the possibility of accumulating the newly enacted article of Penal Code with the article 132 of Civil Code in light of French lawyers and Shiite Faqihs' views. It also deals with the scope, conditions and enforcement of rights abuses. The basis of abuse of right in our law is article 132 of Civil Code but sometimes the right is strict, so we miss the sanction and sometimes it is relative.