Analysis On Non-Abuse Of Rights

Through introducing the notion and function of the civil law, and the background and social environment in which the principle was first established, this thesis proceeds to analyze the misuse of the rights—its origin, development, and the existent necessity, in particular the necessity of why it can develop into one of the basic principles in the civil law and how the principle is used to determine civil affairs in practice. Furthermore, it introduces distinctive theoretical interpretation from two different law systems, comparing to the legal practice and legislative system. After the general introduction of the principle, it goes on interpreting the connotation of the principle, its range of application, as well as the limit to it with comparing to the various forms and means of practices of the principle in different countries, and consulting to the viewpoints of specialists from both domestic and abroad, of course it emphases on verifying the differences between the concept of misuse of rights and tortuous acts under the principle in order to provides correct guiding for the practice of the principle. The nature of non-misuse of rights principle means restriction and limitation of using rights, so this kind of limitation cannot be set casually, at any time at anybody's will. Consequently, it correlates the principle to the legal practice, trying to work out some more practical ways so that the principle may offer maximally guidance and instruction for daily legal practice.