ILLEGAL INTEREST AS AN ELEMENT OF QUALIFICATION OF ABUSE OF RIGHT

Author(s): Kasatkin D.M.

Rubric: Issues of theory and history of law

DOI: 10.21777/2587-9472-2023-1.1-7-11

Release: 2023-1.1 (37)

Pages: 7-11

Keywords: abuse of the right, illegal interest, protection of rights, dishonest behavior, participants in legal relations, wrongful interest

Annotation: The article is devoted to the definition of the concept of illegal interest and its role in qualifying the abuse of the right. The coverage of legitimate interest in legislation and judicial practice is considered. It is noted, that the legislator pays quite a lot of attention to the protection of legitimate interests in many legal acts, but does not give it legislative consolidation. The interpretation of this definition by the courts has a different character and does not always coincide. At the same time, illicit interest is a criterion for determining the most important legal category of abuse of the right. The presence of an unlawful interest of a person indicates his/her intention to violate the rights of other persons or bad faith behavior expressed in an indifferent attitude to the violation of the rights of participants in legal relations. The article also identified the distinctive features of a legitimate interest and defined the boundaries of its determination by the courts. Based on the results, a definition of abuse of the right is drawn up, which emphasizes the role of illegal interest in this legal category.

Bibliography: Kasatkin D.M. ILLEGAL INTEREST AS AN ELEMENT OF QUALIFICATION OF ABUSE OF RIGHT // Journal of Legal Sciences. – 2023. – № 1.1 (37). – С. 7-11. doi: 10.21777/2587-9472-2023-1.1-7-11