Review of the volume “Abuzul de drept”, author Camelia Ignatescu, published by LUMEN Publishing House

Abstract

The volume to be analyzed is a work that was required in the Romanian doctrine (in the sense of dedicating this subject to a monograph that would treat it extensively) for many years, since the abuse of law is still a legal institution not covered by the Romanian legislation and jurisprudence. There is often confusion in practice between the abuse of law and other legal institutions, such as fraud in law, appearances in law, silence, and the paper examines precisely these issues. From this point of view, it presents a summary of the relevant legislation and doctrine in the field, both at national level and in the comparative law, in order to fill the gaps in the Romanian legislation (the few laws on law abuse are still considered by practitioners to be insufficient). It also reviews the relevant Romanian case and not only in a theoretically structured analysis, focused on the clarification of the concepts and the circumstance of the institution of the abuse of law in terms of its characteristics. The theme is also considered from the perspective of general principles of law called to place order where the law does not specify and the courts avoids clarifying, being a useful guide to working for judges who feel the need for an inspirational tool for motivating their decisions.