The Impact of Debt Collection Abuse of Right on the Debtor’s Obligations

The condition for a creditor to exercise their right to demand the fulfillment of an obligation is that they do not do so arbitrarily. Abuse of right is determined by the creditor's expected benefit from enforcing the right being disproportionate to the harm inflicted on the debtor. The execution of the obligation is contingent upon not excessively burdening the debtor, unless waiving it would cause significant harm to the creditor. The judge has the authority to assess the debtor's level of exhaustion and the extent of harm suffered by the creditor, ultimately determining whether the exercise of the right is arbitrary. The responsibility of proving exhaustion and serious harm lies with the party presenting evidence. If the judge determines that the creditor's demand for execution lacks a legitimate interest and proves that the debtor is significantly affected by exhaustion, the debtor's rights are limited to monetary compensation.