| Abstract [eng] |
Concept of Prohibition of Abuse of Rights and the Consequences of a Violation of This Prohibition in Civil Law The prohibition of abuse of rights is one of the basic principles that help to ensure the proper exercise of individual rights. The universal nature of this principle means that we can find it in the legal system of almost every state in the world. At first sight, a comprehensible and clear prohibition, which obliges every member of society to exercise rights responsibly and reasonably, within the limits of the exercise of individual law, raises more and more new questions to which an unequivocal answer can probably be found. In order to properly analyze and present the content of the prohibition of abuse of rights in the Lithuanian legal system, this work investigated the origin of the theory of abuse of rights and its establishment in the legal systems of continental and common law traditions. The relationship with the general principles of fairness, reasonableness, justice and tort is examined. Beyond the purely theoretical aspects, in order to highlight the wide range of opportunities for abuse of rights, peculiarities in civil disputes, the effectiveness of sanctions, the practice of applying the prohibition of abuse of rights formed between 2018-2020 in the Supreme Court, Lithuanian Court of Appeal and regional courts. After a thorough analysis of the principle of prohibition of abuse of rights at the theoretical and practical level, it was concluded that the biggest problem - inconsistent application of the prohibition of abuse of rights in courts is related to the lack of scientific analysis regarding the principle and the courts avoiding in-depth analysis of abuse of rights. Given the extent of abuse of rights, it is believed that the tightening and improvement of legal sanctions alone will not help. Therefore, further research could be done to determine the positive effects, raised by higher level of legal literacy in society, can have in order to prevent abuse of rights. |
