Il divieto di abuso del diritto

Abstract

The essay analyzes the controversial issue of the prohibition of abuse of right and the proposed thesis is that such prohibition is founded upon the good faith in objective sense. The prohibition of abuse of right doesn’t constitute a general clause, but it expresses a systemic demand that consists in the pursuit of a certain rate of legitimacy and justness of the juridical rule. This this objective implies a second level of juridical evaluation, further to the legality, that is founded just by the good faith