Prohibition of abuse of right: problems and prospects

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The article points out that evaluation notions are the grounds for prohibition of abuse of right. The limits of this prohibition make it possible to define the analysis of the purposes which is used in judicial practice. These purposes are different in respect to separate institutions of civil law. In the sphere of corporate law this prohibition is a method of protection of a party that is not guilty in a corporate conflict. In the sphere of proprietary law this prohibition is basically used to protect a third party and provide stable civil circulation, in the sphere of law of obligations it is used to protect blank warranties. In the sphere of intellectual rights this prohibition corrects the mistakes made at registration of trademark.

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Abuse of rights, prohibition, principle of good faith

Короткий адрес: https://sciup.org/147149862

IDR: 147149862

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