التعسف في استعمال الحق بين النظرية و التطبيق

Abstract EN

The research deals with the theory of arbitrariness in the use of the right in both its theoretical and practical aspects, which some call abuse in the use of the right, which are applications to the idea of error in tort liability.

This theory is an important theory in the law, which has been adopted by many contemporary jurists and many modern legislations including Iraqi and Egyptian law.

The Iraqi legislator has given special importance to it and its rules of law, as stipulated in the preliminary section of the Civil Code, making it a general theory that applies to all rights in person or in kind or moral funds.

This is summarized by the theory : (The use of the right is by the direct powers conferred by the right to the owner, these authorities determined by the law and is in the organization of each right separately, it is the law that defines the limits of the right and the person to use the right to these limits without exceeding, Limited by the law to him, he is wrong and therefore is required to compensate for injury damage arising in the use of the right).

In this research we have examined the nature of the right and arbitrariness in terms of its definition of language and terminology and the development of this theory and the elements of truth, its situations, its effects and the judicial applications of this theory.