| Abstract [eng] |
Concept of Prohibition of Abuse of Rights and the Consequences of a Violation of This Prohibition in Civil Law The master's thesis analyzes the concept of prohibition of abuse of rights and the consequences of violation of this prohibition in civil law, paying special attention to the areas of property law and the law of obligations. Basically, this work can be divided into two parts - the first part deals with the establishment of this analyzed principle and its genesis not only in the Lithuanian legal system but also in the legal systems of some foreign countries. This preliminary analysis draws on the historical and current sources of law in the countries concerned, seeking and trying to ascertain whether the principle of non-abuse has been and is enshrined in law. Also, the first part of the master's thesis analyzes the very concept of inadmissibility to abuse the law, using the opinion of many authors. The legal entrenchment of this principle both in the Constitution of the Republic of Lithuania and in the articles of the Civil Code of the Republic of Lithuania should be noted – Article 1.2. (1) and Article 1.137 (3), which contain a more detailed analysis of the legal principle under analysis. With the help of this analysis, the essential features of the principle of prohibition of abuse of rights are revealed and systematized. The second part of the work delves in more detail into the consequences of the prohibition of abuse of civil subjective right. In this part of the written work, the consequences are revealed through the case law of Lithuanian courts, and most of all through the rulings of the Supreme Court of Lithuania. It is worth mentioning, that this part of the work also has its own structure - cases are purposefully grouped into two categories. The first type of order reveals how the courts apply this principle directly, how it is based on the circumstances in which a breach of the prohibition on abuse of rights is recognized. Meanwhile, the second type of court rulings reveals how the courts apply the principle of prohibition of abuse of rights indirectly to a specific situation, and analyzes the implications of the indirect application of this principle. All this analysis reveals the case law and the legal consequences of a breach of the principle in question. |
