Problem of application st. 169 GK in civil process

The question of evaluating the concepts of the basis of the rule of law and morality remains relevant to this day. The authors traced 169 GK, clearly indicated a different understanding of these concepts. The reason for all this, as the authors point out, is the lack of a conceptual legal model for the use of the courts of Article 169 of the Civil Code in the process. The authors propose that a solution to this problem is possible by making concretizations in the Plenum of the Armed Forces, that formally legal, but antisocial transactions should be resolved by Article 169 of the Civil Code, and not by replacing it in practice with the cumulative norms of Art. 168 GK. Also, the authors, in their article, consider it conscious to resort to the example of foreign court: German, which prefer to recognize formally legal, but contrary to the good morals of the transaction, as contrary to the foundations of the rule of law and morality, an analogue of our art. 169 of the Civil Code, and not to use as a substitute norm a set of art.10 and art. 168 of the Civil Code, which in some cases is an abuse of law.