Abuse of Rights

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1. What standard does Article 19 impose in exercising rights and performing duties?
2. What is central to an Article 19 abuse-of-rights damages claim under Mercado?
3. Does merely having a legal right permit every manner of exercising it without Article 19 scrutiny?
4. A creditor honestly enforces a valid due debt through lawful procedures, with no proven malice or intent solely to inju…
5. A claimant alleges that the other party exercised a legal power solely to injure but offers no proof of bad faith or ca…
6. An owner has an undisputed legal power over a property. Proven communications show the owner exercises it in bad faith …
7. A court finds a challenged decision mistaken but honestly made, and the claimant proves neither malice nor a sole inten…
8. Explain the distinction between possessing a right and abusing its exercise.
9. Why is a merely unfavorable result insufficient to prove abuse of rights?
10. Describe the relationship of Article 19’s conduct standard to Articles 20 and 21.
11. Does Article19 apply only to a person exercising rights, while excluding performance of duties?
12. Under Mercado, can a successful declaration of marriage nullity alone substitute for proof of malice in an associated a…