Theoretical and historical aspects of the abuse of law in domestic civil law

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The article is devoted to the history of the formation and development of the doctrine of abuse of law in the legal experience of Russia, as well as the concept of abuse of law, criteria for the classification of its forms and types. The Russian Truth, the Cathedral Code of 1649, the Code of Civil Laws of 1833, the Civil Codes of the RSFSR of 1922 and 1964 are analyzed chronologically for the content of the norms on abuse of law. The question of the concept of abuse of law is considered in detail, the points of view of various scientists are given and the practice of the Supreme Court of the Russian Federation is considered. Based on the results of the study, the author's position on the concept and forms of abuse of law is given.

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Abuse of law, chicane, civil offense, dishonesty, circumvention of the law, subjective law

Короткий адрес: https://sciup.org/170197266

IDR: 170197266   |   DOI: 10.24412/2500-1000-2022-11-3-49-53

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