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Title

Prohibition of abuse of right: problems and prospects 

Author

Ostanina Elena Aleksandrovna

was born on September 15, 1977. In 1999 she graduated from South Ural State University. In 2007 she defended her Candidate’s thesis “Transactions with suspensive and resolutive condition as a basis of acquisition of real right”. Now she is an Associate Professor of the Department of Constitutional, Administrative and Civil Law of South Ural State University. She is the author of 40 publications. Research interests: transactions, real rights. E-mail: elenaostanina@mail.ru.

Section

Problems and Questions on Constitutional and Administrative Law

Abstract

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.

Keywords

abuse of rights, prohibition, principle of good faith.

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