Prado, PamelaPamelaPrado2025-08-252025-08-252023-01-0110.4067/s0718-001220230003000032-s2.0-85193815928https://cris-uv-2.scimago.es/handle/123456789/4829The purpose of this paper is to analyze the role that the balancing test can play to identify cases of abuse of rights, as well as the requirements of civil liability that may arise from violations of fundamental rights between privates, which to us, can be used to determine negligence and damages.esacceso abiertoLawarticle