ABUSE OF RIGHTS AS A MANIFESTATION OF UNLAWFUL CONDUCT

Abstract

The article is devoted to the issue of abuse of rights, which remains relevant despite numerous scientific studies (dissertations and monographs) on this subject. The problem of abuse of rights remains controversial, with ongoing debate on many issues of both a doctrinal and purely practical nature. This situation can be explained by the insufficient development of this issue at the sectoral and general theoretical levels, which does not contribute to the formation of a consistent understanding of the nature and essence of this phenomenon. At the same time, the number of cases of abuse of rights is constantly growing and the areas in which it occurs are expanding.

The article presents and analyzes the arguments of many researchers who have different views on the problem of abuse of rights.

The author conducted a comprehensive study of various aspects of the phenomenon of abuse of rights, made relevant generalizations and conclusions regarding its legal nature and essence. In particular, the author draws attention to the fact that, despite formal compliance with the norms of law, the specified act contradicts the purpose of law, violates its principles, which makes it unacceptable from the point of view of the interests of both an individual and society as a whole. Abuse of rights pursues an illegitimate goal, is carried out in an illegitimate manner, and is only disguised as a legitimate subjective right. In other words, abuse of rights is an unacceptable (illegitimate) act covered by a “thin veil” of legality, which in no way deprives it of its unlawful nature.