Abuse Of Subjective Property Law As A Violation Of Its Limits: Content And Legal Consequences

  • I.V. Myronenko
Keywords: subjective law, abuse of law, exercise of law, good faith, offenses.


This article is devoted to some questions of abuse of subjective law. The problem of abuse of law remains relevant to the theory and practice of legal regulation; it requires scientific and theoretical elaboration and practical solution in legal doctrine and legislation. Today, under the abuse of law, it is understood to mean the unfair exercise of a right that causes harm to other subjects. In the sphere of property relations, the abuse of the right mainly manifests itself as the creation of obstacles for other persons to use or dispose of their property. Such obstacles are eliminated with the help of a negative claim, provides for the requirement to terminate the relevant actions. There is a principle common to all legal systems, according to which the owner is obliged to avoid such use of his property that causes unjustified harm to third parties or to the whole society. In Ukrainian law, it acquired its formal consolidation in the form of the provisions of part 3 of art. 13 of the Civil Codex of Ukraine. Today, however, right doctrine has different concepts about the content and form of abuse of law. The most controversial question remains to what extent the exercise of a subjective right that causes harm to others is legitimate. To solve it, it is proposed to introduce additional criteria for qualification of actions of a person as abuse of law in the field of land property relations. As such criteria it is proposed to use existing standards, local customs, local conditions, purpose of property, as well as the need to ensure the balance (balance) of neighboring interests.