Name
Shekhovtsova Anna Senenovna
Scholastic degree
•
Academic rank
—
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
Articles count: 1
The article is devoted to one of the most disputable
categories of jurisprudence – to abuse by the right. The
law does not allow the exercise of civil rights with the
intent to harm another person, as well as abuse of
rights in any form, including in the form of
circumvention of the law. The author regards as the
already known issues with the application of the
principle of the inadmissibility of abuse of the right, so
new in connection with the amendments to the Civil
code of the Russian Federation. The amendments to
the article on the abuse of rights were caused by the
current practice. However, there remains a question
about how well these novels are being implemented.
This article examines the question of the application of
the principle of prohibition of abuse of rights in
proprietary relations. Statistics show that the judges
started to apply Art. 10 ten times more often in
proprietary relations. Still, this situation is inextricably
intertwined with the risk of judicial discretion. The
article also investigated the correlation of the
subjective rights of a bona fide owner and a bona fide
purchaser of real estate. Based on the conducted
research the author proposes the notion of abuse of
right in property relations. It is concluded that a proper
understanding of the categories of "bona fide owner"
and "bona fide purchaser" is the main factors in the
resolution of a number of practical issues