The Main Legal and Scientific Approaches to the Essence (Criteria) of Abuse of the Right in Modern Russian Civil Law
One of the most difficult issues of civil law is the definition of the essence of the abuse of the right, prohibited by Article 10 of the Civil Code. Both in judicial practice and in legal science there is an extremely large number of conflicting points of view on this matter. Meanwhile, no one has yet been able to make a complete review of these points of view, or even list the main approaches on the issue under consideration. The purposes of the article are: to identify and summarize the main points of view of Russian courts on the essence (criteria) of abuse of the right in modern Russian civil law, correlate them with existing scientific approaches in this regard. The research methods are: description, comparison, analysis, synthesis, formalization, generalization. The conclusions are: according to the established judicial practice of the application of Article 10 of the Russian Civil Code - which generally corresponds to the numerous points of view on this matter available in Russian civil law science - the criteria for abuse of the right can be: 1) the attitude of the entitled person to his action to exercise the right, which consists in: the exclusive intent to harm another person; the presence of an unlawful interest or in the pursuit of an unlawful goal; dishonest or unreasonable exercise of their rights; 2) the very act of exercising the right, if it: violates the purpose of the exercised right; violates morality (ethics, morality); is an offense; 3) the result of an action to exercise the right, if: it represents negative consequences for third parties; they violate the principle of justice; it comes into conflict with the goal that the legislator tried to achieve by adopting the rule of law. At the same time, from the view point of the place of abuse of the right in the system of legal facts, it can be: 1) violation of the limits of the exercise of subjective rights; 2) violation of the boundaries of subjective law; 3) an unlawful specific form of behavior within the framework of a general type of behavior permitted by law.