Some aspects of the historical development of abuse of right in civil proceedings

Abstract

The article is the study of certain periods of the development of abuse of right in civil proceedings. It is noted that one can foundthe first references to the abuse of right and its consequences for the legal order as a whole, as well as prototypes of liability for its commission,in the ancient documents of Roman law.
 It is substantiated that the Romans, in their understanding of the limits of the exercise of subjective rights, worked the way upfrom giving absolute freedom in its exercise to identifying typical cases of unfair behavior and reasonably prohibiting it in case of intentionsto cause harm to others. Actually, the intentions to cause harm to another person by one’s actions became one of the reasons forthe legislative description by Roman lawyers of the proper use of subjective right and the introduction of targeted restrictions on itsexercise, especially in the field of real estate.The abovesaid is mainly related to the subject of material civil law, however, it also matters for understanding the general contextof the development of the doctrine of abuse of right. The issues of the procedure for the enforcement of law, though not separated frommaterial law, were slightly developed in Roman law. In this regard, the concept of a lawsuit was of particular importance to the Romans.It is significant that even in Roman law, when determining the procedure for adjudicating disputes, special attention was drawnto the possible unfair actions of the litigation parties and methods of dealing with such actions. It was mainly about typical cases of fi -ling a case without merit or objecting to it.The study indicates that in spite of the collapse of the Roman Empire, the main developments and achievements of Romanlawyers in the field of private law were not lost. On the contrary, later they came into widespread use. The evidence of it is, for example,the so-called Italian canonical trial.According to some researches, in the legislation of this period, one can also find the reference to the prohibition of chicanery,that is actions formally meeting legal requirements, but carried out solely for the purpose of causing harm.It is proved that the search for the most effective means of dealing with the abuse of right continued at a new stage in the deve -lopment of the legal system of European states and owing to their successful reception of Roman law. The civil procedural legislationof Germany, France and England, having adopted the Roman idea on preventing the unlawful exercise of subjective right, demonstratedthe main approaches to a possible solution to the problem of abuse of civil procedural rights.