Gubar O. Unaссeptable аbuse of the right in the civil law of Ukraine

The dissertation is devoted to the investigation of the unacceptable abuse of the right in the сivil law of Ukraine. The research shows the evolution and comparative law characteristic of the abuse of rights in the civil law of Ukraine. One of the main objects of the disertation are also the notion, elements, legal nature and kind of above mentioned legal construction. In the dissertation is proved the feasibility of recognizing abuse of civil right as a kind of unfair civil law exercising, which gives reasons to consider the abuse of the law in the narrow and broad sense as abuse of subjective civil law (abuse of law in the narrow sense) and obviously unfair exercising of civil rights (abuse of rights in the broad sense). Proved the feasibility of qualification the abuse of rights of parents as a form of abuse of the law and falling of these private-law relationships under the provisions of Art. 13 of the Civil Code of Ukraine on the abuse of the law and the need to bring the provisions of the Family Code of Ukraine about unacceptable abuse of parental rights and the rights of persons replacing the parents, in accordance with the norm of the Civil Code about the abuse of the law (Art. 13 Civil Code of Ukraine). Identified the legal consequences of abuse of the law, including the expediency of recognizing failure in protecting right the only legal consequence of abuse of the law. The use of other possible legal consequences provided that such legal consequences are directly under the corresponding ("native") rule of law.