TO THE QUESTION ABOUT CORRELATION OF ABUSE OF A RIGHT AND OBLIGATIONS FROM INJURY

Abstract

Abuse of law is an interesting and controversial category in the doctrine of civil law. The article notes that the history of this category originates in the law of ancient Rome, where the issues of abuse of law were considered by Roman lawyers in relation to specific cases. The grounds for classifying the abuse of a rights on various grounds are indicated. The article deals with the correlation between the categories of «abuse of a right» and obligations from injury, analyze the grounds of tort responsibility and responsibility for abuse of a right in various forms was carried out (actions bypassing the law with an illegal purpose, as well as other deliberately unfair exercise of civil rights). It was revealed that these categories are not identical and the rules on non-contractual liability in case of abuse of law begin to work in a subsidiary regime