Genesis of the Abuse of Right Concept: The Proprietary Aspect (on the Example of the European Private Law)

Abstract

The concept of abuse of right is being adapted in many areas of private law, including property law. As the absoluteness of property rights was leveled and restrictions on property rights were established, the category of abuse of law was actualized, since it regulated relations arising on the periphery of the named sub-branch of private law. In order to acquire the features inherent in the modern understanding of property rights, as well as the concept of abuse of rights in the property aspect, this concept overcame the search period, the period of searching for a balance of interests, when developed legal systems distributed the costs of the owner and third parties. The search for such a balance is reflected in this article on the examples of both continental and Anglo-American law.