TMK article 2: "Everyone must comply with the rules of honesty while exercising their rights and fulfilling their obligations. The legal order does not protect the blatant abuse of a right."
Situations of Abuse of Rights
- Use of rights for the sole purpose of causing harm
- Contradictory behavior (venire contra factum proprium)
- Excessive/disproportionate right use
- Use of legal rights for other purposes
- Violation of social duty
Conclusion
The judge does not protect the abused right, but may award compensation.
Supreme Court HGK
HGK bases the evaluation of the abuse of the right on the criterion of "objective good faith", It states that it must be proven that the victim has been harmed.
Typical Examples
- Post-divorce property theft behavior
- Termination within the scope of job security (if the real reason is hidden)
- An employee who knows the trade secret should open a rival business
Debts/compensation law lawyer is recommended.