Rättsövertramp

Rättsövertramp is a term used in Swedish legal discourse to describe a situation in which the exercise of a legal right or the use of a legal instrument is employed in a way that harms others, circumvents other rules, or exceeds the legitimate scope of the right. The term literally means a trespass of rights, indicating an overstep of boundaries that are set to protect other individuals or the legal order.

The concept is not typically codified as a single offense, but rather functions as an evaluative idea in civil, constitutional, and administrative law. It helps courts and scholars analyze when the enforcement or enjoyment of a right becomes abusive or disproportionately harmful. The core idea is to balance the right itself against other competing rights, interests, and public welfare.

In practice, assessments of rättsövertramp often involve principles such as proportionality, reasonableness, and necessity. Courts may examine the purpose behind exercising the right, the harms caused, and whether the activity is a proportional or legitimate use of the right in the given context. This can apply to areas like freedom of expression, property rights, privacy, and other fundamental liberties, where a lawful right could still be misused to injure others or undermine the legal framework.

Rättsövertramp is related to broader doctrines known as the abuse of rights or the limits of rights in civil law. Critics argue that the concept can be vague, while supporters contend that it provides a useful tool for preventing rights from being weaponized to the detriment of others.

See also: abuse of rights, proportionality, reasonableness, necessity.