Section 5: Good faith, exercise of rights

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 8402/2560 (2017)

   A party who participates in creating an improper legal basis for a claim cannot then invoke that basis in court; doing so constitutes an exercise of rights in bad faith under section 5.

   The plaintiff was involved in or aware of the fraudulent process by which a land-use certificate was unlawfully issued. Because the plaintiff had participated in generating the improper document, the Court held that bringing suit to assert rights based on that document constituted an exercise of rights in bad faith under section 5, and dismissed the claim for lack of standing.

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2. Arrêt de la Cour suprême n° 141/2560 (2017)

   A plaintiff who knowingly sues on a groundless instrument exercises rights in bad faith and is denied standing under section 5.

   The plaintiff knew that the cheques in dispute had no underlying debt, yet falsely presented himself as a creditor and sued on them. The Court held this was an exercise of rights in bad faith under section 5, with the result that the plaintiff was not a holder of the cheques in good faith under section 904 and therefore had no standing to sue.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.