Judicial principles and studies
Abuse in the Exercise of Rights: Rules for Compensation Claims
Decision reference: تمييز حقوق هيئة عامة رقم (6316-2025).
This study summarizes the legal limits on abusive exercise of rights and the claimant's burden of proof in compensation actions, noting the practical effect of filing errors in litigation.
Compensation and insurance
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
Smart reading summary
Understand and share the study quickly
This study summarizes the legal limits on abusive exercise of rights and the claimant's burden of proof in compensation actions, noting the practical effect of filing errors in litigation.
Key points
- Subject
- Summary
- Practical significance
Useful for: Useful for initial reading and identifying questions that may need legal review.
This automatic summary is based on the published text. It is not legal advice and does not replace checking official sources and reviewing the facts with a qualified lawyer.
AI generation is optional and subject to Gemini usage limits. Do not send client data or attachments from this card.
Subject
The study addresses constitutional and civil-law rules on abuse in exercising rights, clarifying when lawful exercise excludes liability and when use of a right may give rise to compensation under provisions on unlawful exercise.
Summary
- The general rule is that lawful exercise of a right excludes liability; liability arises only if the exercise departs from normal conduct with intent to harm the opponent. - The relevant civil provision lists cases of unlawful exercise which, if present, make the act compensable. - The claimant bears the burden of proving abuse: they must show the defendant used the right in a malicious or abusive manner aimed at harming the claimant. - Mere loss of a suit does not automatically entitle the losing party to compensation; the claimant must establish the tort elements and the abusive character of the conduct. - A practical example concerns a bank claim for unpaid instalments that was shown to be unfounded due to an employee's failure to record an agreed schedule; dismissal for such a recording error does not necessarily amount to abusive exercise beyond ordinary practice.
Practical significance
Claimants must prove the abusive element and intent to obtain compensation, while claimants and creditors should note the practical impact of filing or recording errors that may lead to dismissal without necessarily reaching the threshold of abuse. This content is a general educational summary and not a judicial text or legal advice.
Frequently asked questions
Subject?
The study addresses constitutional and civil-law rules on abuse in exercising rights, clarifying when lawful exercise excludes liability and when use of a right may give rise to compensation under provisions on unlawful exercise.
Summary?
- The general rule is that lawful exercise of a right excludes liability; liability arises only if the exercise departs from normal conduct with intent to harm the opponent. - The relevant civil provision lists cases of unlawful exercise which, if present, make the act compensable. - The claimant bears the burden of proving abuse: they must show the defendant used the right in a malicious or abusive manner aimed at harming the claimant. - Mere loss of a suit does not automatically entitle the losing party to compensation; the claimant must establish the tort elements and the abusive character of the conduct. - A practical example concerns a bank claim for unpaid instalments that was shown to be unfounded due to an employee's failure to record an agreed schedule; dismissal for such a recording error does not necessarily amount to abusive exercise beyond ordinary practice.
Practical significance?
Claimants must prove the abusive element and intent to obtain compensation, while claimants and creditors should note the practical impact of filing or recording errors that may lead to dismissal without necessarily reaching the threshold of abuse. This content is a general educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.
Study collection
Work and employment
Browse the other studies in this subject through its dedicated topical section.
Open study collectionA related service path
Legal consultation and studies
If this study is close to your matter, review the service scope and contact the firm to discuss the facts and documents.
Review the related serviceRelated Jordanian-law guides
Contextual links to related public guide routes; they remain limited to Jordanian law and do not replace matter review.