What is the abuse of the right?Until now, there is no single definition of the term.Just note that some authors do not recognize it, because they believe that the application of the law by its very nature can not be called illegal.If a person goes beyond the limits set by them, then we can not say that it is taking place.Consequently, and abuse has nothing to do with it.
There are very different attitudes and opinions.There are authors who believe that the abuse of the right possible and really exists.It is expressed in the illegal use of their rights by the authorized entity.
What says about current legislation today?It recognizes it.Under the legislation of the abuse of rights - it is unacceptable acts carried out in order to cause harm to any person or public relations.Basically, this definition is correct.As an example is the fact that the abuse of rights in civil law can be attributed to the use of laws to eliminate competition in a particular market.
Sometimes the term is understood as "the right to the use of evil."In this case again it emphasizes the fact that the subject should be entitled to make a face.Actions that are not based on subjective right, abuse of the right do not have any connection, but, of course, are illegal (if you violate the existing rules).
Abuse of the right is associated with selfish motives.Man deliberately trying to cause harm.The law in order to prevent abuse of the right to set certain limits to the implementation of freedoms.As an example, you can call it that, during the election campaign, one candidate can criticize others, but he must abide by certain rules of morality to justify their criticism, not to arouse national or religious hatred, not to infringe on anyone's rights.
limits realization of freedoms and rights associated with the forms of their implementation.It's about the fact that compensation can be claimed only through the courts, competition can only be fair, and so on.
In legal literature, can be found a position related to the fact that the abuse of rights - a form of violation of the principles of the subjective rights.The fact that the legislation is sufficient gaps.They are eliminated quickly enough, and the place thereof immediately appear new.Everything is built on certain principles.They are the basis of all legislation.Acting in an area not yet subject to certain rules must be guided by them.Closing an eye on them - the abuse of rights.
There are also people who believe that such an abuse exists somewhere outside the customary law.It looks like the exercise of the right, but is not.In this case, it can be concluded that the term "abuse of right" is quite meaningless, as it combines incongruous.
There are various forms of abuse.Typically, they are divided into two groups.In the first group, abuse of the right to perform certain actions.It is used to cause harm to public relations, or to third parties.The second group is the abuse that is also associated with the action, but in this case there is no intention of causing harm, but he still inflicted.
Abuse of rights is punishable by law.The sanctions that can be applied to violators of the established limits are different.In general, we note that they are not specific and are associated with certain cases in which there has been a violation of the right to be.
