Comparative Study of Abuse of Right as a Source of Obligation in Imamieh Jurisprudence and the Legal Systems of Iran and France

In the context of legal interpretation, there is a potential for the misuse of rights during their exercise, leading to outcomes contrary to the legislator's intent or societal interests. This study focuses on articulating this issue as a general rule in civil law and aims to establish criteria for the misuse of rights and legal measures to prevent their harmful exercise.

The method of studying and gathering information and research findings is descriptive.

Ethical Considerations: 

All ethical principles governing research have been observed in the presentation of this article.

The principle of abuse of rights is not confined to specific areas like contract law or property relations but is relevant across various legal domains, including family law, patent rights, and international arbitration. The potential for deviation from original objectives arises wherever the application of a legal rule depends on individual will and discretion.

In Iranian civil law, the lack of clear criteria for identifying abuse of rights and intent to harm results in indeterminate boundaries for ascertaining rights. However, a review of judicial practices in France shows that French courts have expanded the control of rights and the prevention of their abuse beyond mere intent to harm. This has led to a trend advocating caution in the exercise of rights and recognizing abuse as a basis for liability.