The Research Of Theory Of Civil Rights Abuse

In the face of the right era on the horizon, Each person who owns rights always wants to exercise right thoroughly. This behavior may lead to abuse rights easily. At the same time, doing like this may violate other people’s rights. So, the principle of the prohibition of abusing rights came into start up.Along with the change of concept towards the rights, the principle of forbidding abuse of rights had some new developments. But in our country, the principle hasn’tbeen given due attention. On the basis of the discussion to new developments of theabuse of rights, this text try to put forward some measures toimprove the principle of the prohibition of abusing rights in our country.In addition to the preface and the conclusion, this text has five parts.The first part illustrates the connotation of right abuse.hrough the analysis of the doctrine of abuse of rights, make specific definition about the concept of rights abuse, and expounds the four characteristics of rights abuse.Finally, from the perspective of rights abuse extension will rights abuse respectively with infringement of party autonomy, rights conflict, and line do contrast analysis, in order to make the meaning more clear rights abuse.The second part from the perspective of legal philosophy, the right to abuse are analyzed.First of all analyzes the changes of the concept of law, is the foundation of rights abuse of generation and development; Secondly explains the essence of the right to decide the right abuse, the qualification of legal subject implement specific rights granted;And further analyses the limits of rights;Finally, through to the abuses of special instructions to interpret the essence of rights abuse problem.The third part discusses the measures and specific boundary analysis of rights abuse.On standards, several theories carried on the deep analysis of the main, and illustrates the development of the theory of controversy.On the classification, respectively according to different objects and behaviors in a different way to distinguish abuse. On the constitutive requirements, adhere to the four elements.On the boundaries of specific analysis, respectively expounds the right to exercise the degree of time, place, manner, such as improper enough into rights abuse.The fourth part is the right to abuse the specific applicable examples and legal consequences. Areas of real estate ownership, the contract relations, family relations, shareholders’ rights abuse, and also discusses the abuse of litigation, is applicable for explicit rights abuse. After has analyzed the legal consequences of the abuse of rights, restrictions may cause a loss of power, right, or is invalid, the obligee should bear civil liability.The fifth part talks about the rights of civil law regulation of the abuse, which prohibit abuse of rights principle. Article summarized the basic problems on the basis of this principle, examines the national legislation and practice, and analyzes the legislative situation in our country. Prohibit abuse of rights principle are put forth, and the prospect in our country, from the aspects of theory, legislation and practice three improvement measures are put forward.