Abstract
Abuse of rights has recently achieved growing recognition in many of the mixed legal systems, but in Scotland, where the restricted doctrine of aemulatio vicini has long been accepted, it has been largely ignored. This article explores the applications of abuse of rights in France, Quebec, Louisiana and South Africa, and considers the reasons for its rejection in England. It also questions whether aemulatio vicini may provide a sufficient foundation for a general doctrine of abuse of rights in Scots law.
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