ACTS MISTAKENLY ATTRIBUTED TO THE ABUSE OF RIGHTS IN BUSINESS RELATIONS

Sakharov Nikita Sergeevich

The article examines the various points of view of scientists on the concept of "abuse of law", it is noted that only such a form of abuse of law as "chicane" is enshrined in legislation. The components of the concept of "abuse of law", its forms, and the causes of abuse of law are investigated. From the analysis of the signs of abuse of law, it is concluded that if the actions of an entrepreneur do not correspond to such signs, then they relate to acts mistakenly attributed to abuse of law, examples of such acts are given. Based on the results of the study, it was concluded that it is necessary to specify the concept of "abuse of law" in Russian legislation and proposals were made to supplement Article 10 of the Civil Code with signs of abuse of law, which will allow distinguishing between the actions of an entrepreneur aimed at abusing his right and the actions of an entrepreneur mistakenly attributed to abuse of law.

Keywords:abuse of law, acts, signs, forms, chicane, business relations.