GENERAL CHARACTERISTICS OF ABUSE OF RIGHT IN CORPORATE LEGAL RELATIONS

Abstract

The article discusses the features of the application of one of the fundamental principles of civil law of the Republic of Armenia, the prohibition of abuse of rights, in the context of corporate legal relations. In particular, a theoretical and practical study of the term "abuse of rights" was carried out by comparing it with other legal institutions regulating corporate legal relations.

The term "abuse of right" is not defined as such by the legislation of the Republic of Armenia, and in corporate legal relations, the definition of valid conditions necessary to identify the fact of abuse of right in the behavior of subjects is the discretion of the courts for each case.

During the exercise of their subjective rights by the participants of corporate legal relations, the need to give a legal assessment to the manifestations of abuse has become more relevant than ever, which is also due to the current period of development of global economic relations. Moreover, the analysis of judicial practice also indicates the quantitative increase in cases of abuse of rights in corporate legal relations, including disputes of a corporate nature.

The absence of a clear definition of the term "abuse of rights" by the current legal regulations has led to the need to reveal its objective criteria and valid conditions and establish them in legislation, due to which the criteria of features characterizing the abuse of rights in corporate legal relations have been distinguished in the article.