Notas sobre o abuso do direito de propriedade: da teoria do abuso do direito ao exercício abusivo do domínio
This article aims to analyze the institute of abuse of rights and its application on property right. To do so, initially, an approach to abuse of rights theory is conducted, going through an historical analysis of its emergence and development, as well as through theories that explain, in an ontolog...
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| Format: | Article |
| Language: | Portuguese |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8113002 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 12, Nº. 2, 2020, pags. 1-33 |
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| Summary: |
This article aims to analyze the institute of abuse of rights and its application on property right. To do so, initially, an approach to abuse of rights theory is conducted, going through an historical analysis of its emergence and development, as well as through theories that explain, in an ontological perspective, this legal category. Then, the adopted conception of abuse of rights is established. Furthermore, the conception of property used in this article is presented. Subsequently, this paper elucidates specifically the topic of abuse of property rights, showing the peculiarities of the application of Article 187 of the Brazilian Civil Code on property right and Brazilian courts’ understandings about this subject. |
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