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Civil law aspect of abuse of right: doctrinal approaches, problems of defining the signs and regulatory detail

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Legal uncertainties arise from the abstract nature of the provision on abuse of right, impacting judicial decisions.
Part three of Article 13 emphasizes the need for clear definitions to mitigate excessive judicial discretion.
The study examines influences from both national case law and ECHR rulings on substantive rights interpretation.
Proposals aim to integrate mandatory elements of negative consequences to ensure clarity in legal proceedings.

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This article highlights challenges in defining abuse of right within the Civil Code of Ukraine, suggesting amendments for enhanced legal certainty.

Koval et al. (2025) studied this question.

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This article highlights challenges in defining abuse of right within the Civil Code of Ukraine, suggesting amendments for enhanced legal certainty.