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This study aims to analyze the configuration of objective non-contractual civil liability arising from the abusive exercise of rights in commercial law, considering material and moral damages caused by willful, bad faith, or negligent conduct carried out outside the various relationships arising from commercial acts and trade. The methodology employed was based on a qualitative-analytical approach, through which a comparative doctrinal and jurisprudential review was conducted, encompassing subjective, objective, and mixed criteria on the abuse of rights, supported by sources of Panamanian, Argentine, and European civil and commercial law, as well as relevant rulings or pronouncements of the Supreme Court of Justice of the Republic of Panama and the Supreme Court of Spain. The results or findings demonstrate that the abuse in the exercise of a right constitutes an excess contrary to good faith and the purposes of the legal system, generating objective liability even without proof of fault. It is also confirmed that, although
Panama lacks express regulation on this concept; national jurisprudence recognizes its applicability under the parameters of intent or negligence. In conclusion and as a recommendation, the need to strengthen strict civil liability for abuse of rights doctrinally and normatively is highlighted, so as to harmonize the protection of individual rights with their social function and the principles of equity and good faith.
