Jedermann hat in der Ausübung seiner Rechte und in der Erfüllung seiner Pflichten nach Treu und Glauben zu handeln. Der offenbare Missbrauch eines Rechtes findet keinen Rechtsschutz.
Everyone is expected to exercise their rights and fulfill their obligations according to the rules of good faith. The manifest abuse of a right is not protected by statute.
Art. 19. “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith.”
Art. 20. “Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.”
Art. 21. “Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”
Michael Byers. “Abuse of Rights: An Old Principle, A New Age”, McGill Law Journal 47 (2002): 389–431.
David Johnson. “Owners and Neighbours: From Rome to Scotland”, in The Civil Law Tradition in Scotland. Ed. by R Evans Jones. Edinburgh: The Stair Society, 1995.
A. Kiss. “Abuse of Rights”, in Encyclopedia of Public International Law, vol. 1, ed. Rudolf Bernhardt. Amsterdam: North-Holland, 1992.