abus de droit

In French law, abus de droit refers to the concept of "abuse of right." This legal principle addresses situations where an individual exercises a right in a way that is deemed excessive or malicious, causing harm to another party. It's a limitation on the exercise of rights, preventing them from being used solely to injure others.

A key example involves using one's property in a way that intentionally interferes with a neighbor's use and enjoyment of their property. The concept developed to address situations where legal rights might be technically exercised but with harmful intent, such as building an unnecessary structure solely to block a neighbor's light. This contrasts with Anglo-American nuisance law, which focuses more broadly on substantial interference with land use.1