AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary
The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.
Authors: DUMITRU BALEA.
DOI: 10.24193/SUBBiur.68(2023).2.5
Article history: Available online 23.12.2023.
©2023 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 120-145
VIEW PDF
FULL PDF
Abstract: The exercise of rights is, most often, approached theoretically from the point of view of others: the prerogative of its holder cand only be enhanced by limiting the freedom of others. Hence, the need for control trough the instrument of the theory of abuse of rights. Practically, the exercise of rights is approached mainly from the angle of the sanction for its violation: the legal action. This article changes the perspective. In the foreground is now the holder of the right. This perspective helps us observe weather the exercise of rights is optional or mandatory. Even if the answer obviously seems to lean towards the optional nature of the exercise, some legislative options, such as formal notice to creditor, blur the boundary between right and obligation and between creditor and debtor. We will verify the exercise of the main categories of rights in order to conclude on the nature (optional or mandatory) of the exercise of rights.
Keywords: rights, exercise of rights, creditor, debtor, formal notice to creditor, freedom, derivative action, paulienne action.
