The abusive exercise of the right to rescind - Munteanu Silviu-Marian
ABSTRACT: In the doctrine, following the arguments given by the French literature in the area, it has been stated that the potestative rights, including the right to rescind the contract, are not susceptible of abusive exercise. Throughout this study I dare to prove the contrary. Related to this, the first section will be dedicated to the setting of a theoretical framework in which I will call into question a series of concepts such as subjective right, potestative right, abuse of rights and in the second section I will try to counter the argument that claims the incompatibility of the right to rescind the contract with the abusive exercise of rights. Finally, based on two cases from the American and Italian case law, I will draw to the conclusion that the right to rescind the contract can also be abusively exercised.

Keywords: abuse of rights, right to rescind, subjective civil right, potestative right, good faith.

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