ABUSO DE DERECHO: NACIMIENTO Y EVOLUCIÓN JURISPRUDENCIAL.

Abstract

Abuse of process is a fuzzy legal concept, so fuzzy in fact that the courts must take a careful case-by-case approach to establishing its particular traits. Abuse of process was addressed by the Civil Code when the code's Preliminary Title underwent revision. The essential elements of abuse of process are use of an objectively or externally legal right; damage to a third-party interest not protected by a specific legal prerogative; and the immorality or antisocial nature of the damage, manifested subjectively when the right is exercised with the intention to do harm or simply without a serious, legitimate aim, or objectively when the damage stems from an excess or abnormal exercise of the right. The effects of abuse of process are to render the act void, to entitle the injured par ties to compensation for damages and to unleash judicial or administrative measures.