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Frequently, a mandatory, due to different circumstances, is forced to renounce the mandate received. The exercise of this right, however, cannot fall into arbitrariness, since it is not absolute, but submitted to the observance of limits, whose transgression places us squarely in the field of abuse of rights, which is precisely the subject studied in this article.
Thus, based on the concept of the mandate contract, its characteristics, the mandatory’s right of resignation and the normal limits for the exercise of such capacity, I try to set the boundaries within which the conduct of the mandatory who intends to resign his mandate must be adhered to, in order to not incur in an abusive exercise of the right nor to be, consequently, responsible for the damages caused by its illegal action.
