Invalidity Of A Contract Concluded As A Result Of Improper Use Of Material Rights (Property Rights) And Abuse Of Law

Аннотация

This article is aimed invalidity of a contract concluded as a result of improper use of material rights (property rights) and abuse of law. In addition to actions aimed at abuse of property rights constituting a violation, actions that disproportionately violate the rights and legitimate interests of neighbors (the benefit received by the owner, disproportionate to the inconvenience for the neighbor) can also be assessed as abuse. Invalidation of the agreement on the disposal of prohibited property to unscrupulous third parties allows the creditor to bring a claim for the seizure of property from the unscrupulous third party, and in the event of a substantial claim by the plaintiff, to obtain an excuse from the unscrupulous owner. Naturally, a refund request can be combined with a request to invalidate the transaction. At the same time, according to the logic of things, in cases of bad faith of the owner of the prohibited property, it is necessary to invalidate not only the transfer of property, but also the entire contract KEYWORDS Abuse of law, invalidity of a contract, property rights, improper use of material rights, prohibition of abuse.