On the optional exercise of rights

Abstract

The exercise of rights is, most often, approached theoretically from the point of view of others: the prerogative of its holder cand only be enhanced by limiting the freedom of others. Hence, the need for control trough the instrument of the theory of abuse of rights. Practically, the exercise of rights is approached mainly from the angle of the sanction for its violation: the legal action. This article changes the perspective. In the foreground is now the holder of the right. This perspective helps us observe weather the exercise of rights is optional or mandatory. Even if the answer obviously seems to lean towards the optional nature of the exercise, some legislative options, such as formal notice to creditor, blur the boundary between right and obligation and between creditor and debtor. We will verify the exercise of the main categories of rights in order to conclude on the nature (optional or mandatory) of the exercise of rights.