The purpose of the work is to research and identify a complete list of legal consequences of abuse of law. The methodological basis of the research is made up of general scientific methods (dialectical, logical, systemic); special legal methods (formal legal, comparative legal, method of legal forecasting). As a result of the study, possible problems were identified due to the intersection of the mechanism of abuse of law with other legal institutions, such as compensation for losses and invalidity of transactions, the consequences of which are often used in combination with refusal to protect the right, which does not always have a good effect on civil turnover, when in the absence of grounds for of the claim, the applicant is trying to invalidate the transaction under the totality of Art. 10 and 168 of the Civil Code of the Russian Federation. There are also cases where the claim for damages is based only on formal bad faith. Legal methods for solving the identified problems are proposed through the correct interaction of legal institutions of civil law through their correct interpretation.
|
