Forms of abuse of law: theory and practice

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The article is devoted to the main forms of abuse of law: chicane, circumvention of the law with an illegal purpose, other deliberately unfair exercise of civil rights (an analysis of both theoretical and practical aspects is given). There are 2 distinctive signs of chicane: the intention to harm another person and the absence of other goals. Circumvention of the law is characterized as an externally lawful action pursuing an illegal goal. The question of the concept of good faith in civil law is considered in detail. The practice of the Supreme Court of the Russian Federation, as well as arbitration courts, is considered on the topic of the study.

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Abuse of law, chicane, good faith, circumvention of the law, illegal purpose

Короткий адрес: https://sciup.org/170197267

IDR: 170197267   |   DOI: 10.24412/2500-1000-2022-11-3-54-58

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