Abuse of Right: Historical and Theoretical Research
Abuse of right is one of the most complex phenomena in legal science, the study of which requires the use of a wide range of methods of cognition, both general scientific and private law. The author of the article makes a generic analysis of the concept “abuse of right”, disclosing the history of its appearance and development. However, special attention is paid to the discussion of scientists about the essence of abuse of right, in which, as in a “multi-layered cake”, more and more narrow subjects of the discussion are layered, but at the same time, they are all permeated with a common goal - to determine the place and role of the phenomenon in the modern legal order. Historically, the first debate arose on the validity of the very concept of abuse of right, caused by a combination of two words that were opposite in meaning: “right” and “abuse”. This discussion has been going on for more than a century and takes place both in Russian civil law and in foreign legal doctrine. There is also no consensus among supporters of the concept of abuse of right: some attribute abuse of right to a variety of lawful behavior, others call it an offense. This problem is currently urgent and complex. Finally, there are disagreements about the branch of abuse of law: is this concept inter-branch in nature or is it exclusively inherent in the civil law branch? As a result of comparing all points of view, the author in each of the above discussions reasonably takes this or that position. As a result, a complete understanding of the phenomenon under study is formed.