Abuso del diritto come illecito atipico?

The author criticises an essay by Atienza and Ruiz Manero and maintains that the abuse of right is not an atypical illicit act. An act which is of prejudice to another is legally justified if arising out of the exercise of a right; however, in case of abuse, the act remains unjustified and therefore (typically) illicit. Article 7 of the Spanish civil code and article 833 of the Italian civil code are then examined to support the argument. The author believes that the transfer from legal theory to the positive figure of abuse is to be carried out in the light of the Constitution and particularly, within the Italian system, of the principle of solidarity.