ON THE CONCEPT OF "ABUSE OF THE RIGHT"

Author(s): Tokarev V.B.

Rubric: Civil, business and contract law

DOI: 10.21777/2587-9472-2020-3-64-70

Release: 2020-3 (25)

Pages: 64-70

Keywords: abuse of the right, limits on the exercise of subjective rights, chicane, lawful conduct, offence

Annotation: The article reveals the concept of "abuse of the right", which is often mistakenly identified with the limits of the exercise of subjective rights, individual forms of abuse. Article 10 of the Civil сode of Russian Federation, which is named as «Limits to the exercise of civil rights», does not define the given concept, the criteria for determining the limits, as its name should imply. The domestic doctrine of abuse of the right has not yet been developed, which leads to difficulties in recognizing the phenomenon for law enforcement officers, reduces the quality of the administration of justice, therefore the interest of researchers in the problem has never decreased. Abuse of the right can exist in various forms, and disclosure of the legal nature of the concept is necessary to recognize a complex phenomenon that is socially harmful and dangerous for legal regulation. To reveal the concept, it is advisable to use the dialectical method, comparative legal, historical-legal and teleological approaches. The inadmissibility of abuse of the right as a general legal principle, which is enshrined in the Constitution of Russian Federation, determines the need to refer mostly to general theoretical research.

Bibliography: Tokarev V.B. ON THE CONCEPT OF "ABUSE OF THE RIGHT" // Journal of Legal Sciences. – 2020. – № 3 (25). – С. 64-70. doi: 10.21777/2587-9472-2020-3-64-70