Генезис концепции злоупотребления правом: вещно-правовой аспект (на примере римской правовой традиции)

Abstract

The concept of abuse of right is being adapted in many areas of private law, including property law. At the same time, such adaptation was not originally characteristic of the abstract institution of abuse of law but developed genetically. The beginnings of the concept of abuse of law can be traced in the Roman legal tradition, which became the cradle of all modern institutions of private law. On the basis of Roman legal tradition and the absolute nature of property rights, the situation of the irrelevance of the concept of abuse of rights is traced due to the lack of competition of owners in the slave-owning formation. The theorization of the sphere of property law gave an impetus to the development of the concept of abuse of property law.