Abuse of Rights and the (Potential) Role of General Interest

Description

If someone who wants to use a (subjective) right, uses this right in an excessive way, or even abuses it, this right cannot be invoked as a justification for damage caused by the act. When considering whether there is abuse of rights, both in Belgium and in the Netherlands there is increasing attention for balancing of interests involved. Whereas initially it was mainly the interests of the parties involved or specific third parties, nowadays there is increasing attention to the general interest as one of the interests to be taken into account for deciding on the proportionality of the use of the right involved. This raises the question, for example, what the role of sustainability arguments is, or, if one prefers, a ‘collective dimension’. During the symposium, various speakers from different jurisdictions reflect on these issues within the context of their own legal systems.

Period	14-May-2024
Event type	Conference
Location	Utrecht, NetherlandsShow on map
Degree of Recognition	International