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Submitted June 11, 2024
Published 2024-06-13

Ensayo

Vol. 4 No. 1 (2024): Revista Contacto

The manifest excess in the exercise of Law as a presumption of the Abuse of Law


DOI https://doi.org/10.48204/contacto.v4n1.5215

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References
DOI: 10.48204/contacto.v4n1.5215

Published: 2024-06-13

How to Cite

Cuadra Fedee, M. (2024). The manifest excess in the exercise of Law as a presumption of the Abuse of Law. Revista Contacto, 4(1), 209–223. https://doi.org/10.48204/contacto.v4n1.5215

Abstract

The Law, as a coherent, unitary order and system, cannot function where individuals perceive it as an instrument to generate intimidation or intimidation. When this loses its characteristic, objectivity and its connotation as a compositional Herero method for the solution of conflicts converted into litigation, it is understandable that this affects the so-called Rule of Law. The article legally analyzes the manifest excess in the exercise of law as a presumption of the abuse of Law in the national and international legal context, through a non-experimental, descriptive documentary study. From the results it emerges that there are two ways of incurring in excess in the exercise of law, from which it is concluded that excess in the exercise of law occurs by exceeding legal limits, causing harm to other rights, but that it also occurs When using rules to hinder the exercise of other people's rights, foundations are considered as a topic of the General Theory of Law, being applicable to the entire field of Law, so it is a general postulate with common aspects and other specific ones. , depending on the branch to which it refers.

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