Abuse of the right to terminate the contract.

Summary This study is devoted to the analysis of the theory of abuse of rights as a means of limiting the right of unilateral termination. It is articulated around two axes. First of all, it demonstrates the pre-eminent and ever-increasing place that the concept of abuse of rights occupies in positive law, and then, through the study of the criteria of the latter, it highlights the evolution of the notion of contract. It emerges that the courts are now seeking to moralize the subjective right by taking into account the behavior adopted by the author of the breach. If this behavior has given rise to any kind of confidence in the partner, and if this confidence has subsequently been violated, the judges, in the exercise of their moderating power, no longer hesitate to sanction the author of the breach by engaging his responsibility, by reference to the notion of abuse of right. It must be concluded that if the notion of abuse of right prevents the legal technique from turning against the ends it claims to serve, it is because it now takes into account the notion of legitimate trust.