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LEGAL REGULATION OF THE ABUSE OF SUBJECTIVE RIGHTS

Demidov Eduard Aleksandrovich  (Graduate student, International Law Institute, Department of Civil Law and Procedure, Moscow)

within the framework of this article, the essence of the abuse of subjective civil rights is considered, the question of the forms of such abuse is analyzed. Based on the analysis of various scientific positions on the topic under consideration, it is concluded that it is necessary to find a balance in understanding the content of such a form of abuse of subjective civil rights as chicane. The question of the expediency of identifying other forms of abuse of civil rights, except chicane, is analyzed, the points of view of various scientists on the issue under consideration are considered. Also, based on the analysis, it is stated that it is expedient to amend the current version of Article 10 of the Civil Code of the Russian Federation, within the framework of which a clear separation of chicane from other forms of abuse of subjective civil rights will be carried out, responsibility for such offenses will be tightened due to the increased degree of their public danger.

Keywords:abuse of law, subjective law, forms of abuse of law, chicane, legitimate interests.

 

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Citation link:
Demidov E. A. LEGAL REGULATION OF THE ABUSE OF SUBJECTIVE RIGHTS // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№11/2. -С. 61-64 DOI 10.37882/2223-2974.2023.11-2.06
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