Abuse of Rights in Icelandic Property Law With a Comparative Survey of the Other Nordic Countries

This article examines whether abuse of rights constitutes a general legal doctrine in Icelandic law, focusing on its application in property law, through doctrinal analysis and a comparative survey of other Nordic legal systems. Property ownership grants individuals broad authority over their assets, but legal systems impose limits to prevent harmful uses. While Icelandic law recognizes the principle of nuisance, which restricts property use that harms or significantly inconveniences others, it remains unclear whether a general prohibition against abuse of rights exists. Unlike other Nordic countries, Iceland lacks recognition of the abuse of rights doctrine, yet related legal principles have been acknowledged. This article concludes that Icelandic law should recognize the abuse of rights doctrine to complement existing legal doctrines. It also suggests that public interest considerations, including environmental and sustainability concerns, could play a role in shaping an Icelandic abuse of rights doctrine.