The first time he based his request on an unpaid debt

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“ c) the third time he pursued the debtor on a Sunday, followed by a national holiday (the 1st of the year) and bankruptcy was declared because the defense presented by the interested party was not admitted”.

On this basis, the plaintiff's wrongdoing is quite clear. An bulk sms portugal unlawful act that results from a flagrant abuse of the law. A ruthless and spiteful man, he wanted to annihilate his opponent and managed to do so, using legal means to appear in good faith.

Modern law, however, has established liability for abuse of rights, admitting that it can be harmful, and that any error committed in the exercise of one's right must be compensated, not only when the "intention to be harmful" is evident, but even in its absence. This is the lesson of MAZEAUD et MAZEAUD, formulated after a detailed and lengthy analysis of the problem:

It is clear and very clear that it is not enough to start a process to incur a fault, just as the abuse of legal channels cannot be characterized by the mere fact that the author of the action fails or the appellant sees his appeal denied.

Sometimes it is found that the defendant was sued with the clear intention of being harmed, and then, in the author's directed attitude, in this direction, there is fraud, characteristic of the abusive exercise of the right, causing the duty to compensate.