Abuse of subjective civil right: essence and mechanism of implementation

Abstract

It has been established that the absence of clear signs and criteria for the abuse of subjective civil law in the civil doctrine and judicial practice leads to the fact that conflict resolution is carried out by the courts, as a rule, on the basis of judicial discretion. In addition, the uncertainty of the signs of abuse of the right causes significant risks for the security of doing business and the administration of justice. It is concluded that special attention in science is paid to the study of signs of abuse of civil substantive law, while
the issue of signs of abuse of civil procedural law has not been studied enough. It is proposed to divide the limits of the exercise of civil rights into subjective and objective. Objective limits are set in the form of specific restrictions, regulations and legal regimes. Subjective limits are determined by the goals of granting rights in the performance of assigned duties. The abuse of the right is proposed to be defined as the result of formally
lawful actions consisting in the exercise of an objective right in violation of objective and subjective limits and in contradiction with their goals and corresponding duties. Attention is focused on the fact that the definition of the mechanism of abuse of the right is of fundamental importance for judicial practice. The mechanism of abuse of the right involves the identification of appropriate methods and means