Abuse of rights is a limit to the consumer’s right to compla
Jan 31, 2024 11:12:08 GMT
Post by account_disabled on Jan 31, 2024 11:12:08 GMT
Technological advances have enabled greater interaction between people, especially considering social networks. Joys, fears, dissatisfactions and different sensations are expressed on the internet, in order to share feelings with friends, acquaintances and family. Regarding consumer relations, it couldn't be any different: a product that arrived on time and met expectations deserves praise, the punctual store should be recommended to other customers. When the scenario is marked by dissatisfaction, criticism is launched on social media, with the aim of demonstrating defects in the products or services provided/acquired, a search mechanism for assistance in recovering losses, as well as alerting potential customers about the problems they may experience in the future.
There is no need to talk, initially, about Buy Phone Number List civil liability for comments made on the internet. However, when complaints take the form of abuse in the exercise of the right to express the unpleasantness experienced, the consumer may be held civilly liable for the excesses committed. Abuse of rights is, therefore, a limit to the right to complain. Among the general clauses existing in the Civil Code, the one included in art. 187, in which the contours of abuse of rights are explicitly defined. It is also possible to observe the expansion of the institute, being allied to the principle of good faith and good customs, no longer just the social or economic purpose of law.
For a certain conduct supported by the exercise of a right to be considered abusive, as it is contrary to the economic and social purposes of the law, good faith or good customs, certain elements must be present, which: i) the exercise of a right, ii) contrary to the economic/social purposes of the law, good faith or good customs, iii) damage caused to others, iv) causal link between the conduct and the damage [1] . The first requirement concerns the regular exercise of a right, presupposing the practice of lawful conduct, supported, prima facie , by the legal system. The abuse of rights will arise from the distortion of previously regular values, resulting in damage to others and therefore the duty to repair. It is noteworthy that illegal acts, as they are already born contrary to the values enshrined in legislation, cannot be considered as abusive to a right, given their illegality.
There is no need to talk, initially, about Buy Phone Number List civil liability for comments made on the internet. However, when complaints take the form of abuse in the exercise of the right to express the unpleasantness experienced, the consumer may be held civilly liable for the excesses committed. Abuse of rights is, therefore, a limit to the right to complain. Among the general clauses existing in the Civil Code, the one included in art. 187, in which the contours of abuse of rights are explicitly defined. It is also possible to observe the expansion of the institute, being allied to the principle of good faith and good customs, no longer just the social or economic purpose of law.
For a certain conduct supported by the exercise of a right to be considered abusive, as it is contrary to the economic and social purposes of the law, good faith or good customs, certain elements must be present, which: i) the exercise of a right, ii) contrary to the economic/social purposes of the law, good faith or good customs, iii) damage caused to others, iv) causal link between the conduct and the damage [1] . The first requirement concerns the regular exercise of a right, presupposing the practice of lawful conduct, supported, prima facie , by the legal system. The abuse of rights will arise from the distortion of previously regular values, resulting in damage to others and therefore the duty to repair. It is noteworthy that illegal acts, as they are already born contrary to the values enshrined in legislation, cannot be considered as abusive to a right, given their illegality.