DEFINITION, ATTRIBUTES AND FORMS OF ABUSE OF SUBJECTIVE CIVIL LAW

Abstract

The article deals with the essence of abuse of law and its forms. The author
analyzes the connection between abuse of law and realization and defense
of civil rights, formulates her own definition of abuse of rights and
defines its attributes. The forms of abuse of rights are described in this article
and illustrated by the real cases. In addition, the author studies viewpoints
of scientists about the definition of abuse of rights, its attributes and
forms and gives arguments for and against these positions. The author concludes,
that term «abuse of right» needs to be strictly adjusted, and offers to
formalize its definition and attributes. He advises to formalize definitions
and attributes for forms of abuse a right.