Our Associate Hisham Almansoor examines the 'abuse of
right' doctrine in Bahraini law, delving into its origins and
implications supported by insights from relevant case law.
Introducing the 'Abuse of Right'
Doctrine
The 'abuse of right' doctrine; an internationally
recognized concept in civil law and common law jurisdictions alike,
traces its origins back to Roman law, which eventually spread into
French law, the latter of which has greatly influenced local legal
systems drawing upon the Egyptian Civil Code.
The doctrine posits that an individual may have a right and yet
exercise it in such a manner that is abusive, disproportionate or
may not achieve any substantial purpose beyond causing harm to
another. This article addresses how Bahraini law regulates the
'abuse of rights' doctrine, and the criteria underpinning
this doctrine before discussing its implications in practice.
