التعسف في استعمال الدق في قاقون لإجراءات المدنية

Abstract EN

It is established in jurisprudence and the judiciary in the substantive and procedural legal system, that the right holder may not abuse his right in a way that causes harm to others.

Rather, it is restricted that his use of this right should not be illegal in a way that causes harm to others, because it is forbidden to abuse any of the rights that are established for him.

The right of litigation may not be used with the intent of offending, maliciously or harassing the opponent.

The legal scholars are united on both sides of it; Substantive and procedural, abuse of the right to litigation is not available merely by losing the case.

Rather, it is available when the case is filed in bad faith, not with the intention of reaching a disputed right, but rather with the intention of vexing and harming the opponent.