Welfare in the implementation of civil rights

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Purpose: The study of the history of the development of legislation in Russia and the conduct of comparative analysis of the legislation of the Russian Federation and the laws of the countries of near and far abroad in the field of establishing the limits of the implementation of civil law. Methodology: History-legal and comparatively legal methods were used. Results: The experience of the legislation of the Russian Federation in the legislative regulation of the limits of the exercise of civil rights is considered, as a measure to counteract abuse of law. Based on the works of domestic and foreign authors and the provisions of foreign civil law, the need to address the problem of abuse of law as one of the conditions for the stabilization of civil relations in the development of business and contractual relations is identified. It is established that the conscientiousness of participants in civil legal relations, as the main principle of civil legislation, is a deterrent to antisocial and negative manifestations in civil circulation. Novelty/originality/value: The article is of scientific value, since it is one of the first attempts to review the provisions of the Russian Federation’s legislation on the conscientious exercise of rights, in comparison with the provisions of civil legislation in some other countries of the near and far abroad, which may be useful for further research into the problem of abuse of law. And also in determining the place of good faith in the regulation of civil law relations.


Короткий адрес: https://readera.org/140225119

IDR: 140225119

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