THE PROHIBITION OF THE ABUSE OF RIGHTS: THE GENESIS AND EVOLUTION OF A LEGAL DOCTRINE

Abstract

The relevance of this study is driven by the fundamental importance of the principle of the inadmissibility of the abuse of rights within the modern legal system. Its purpose is to identify the underlying patterns in the emergence and development of this prohibition. The methodology relies on general scientific methods, such as analysis and synthesis used to examine historical sources and legal documents, as well as induction and deduction applied to derive general conclusions from specific historical cases. Furthermore, the study employs specific legal methods: the historicallegal approach to trace the evolution of the abuse of rights doctrine, and the formal-legal approach to analyze relevant legal norms and doctrinal concepts. The study reveals that the concept of abuse of rights has undergone a long evolution, spanning from isolated practical solutions in Roman law to its establishment as a universally recognized legal principle. A periodization for the development of the prohibition of abuse of rights is proposed, and the characteristic features of each stage are identified.