The history of rights abuse is very long。The fighting behavior of its germination in Roman law and general fraud defense，Anti -social behavior of the former cracking down on the right person to exercise rights to exercise rights，The latter is used to protect the trust of the rights of rights。Rights abuse in the form of a medieval jurist to form a more systematic theory。Enter the era of codes，European countries have adopted different regulatory modes of various characteristics on the issue of rights abuse，and affect the latecomers。

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The Napoleon Code (also known as the "French Civil Code" in the early 19th century) initially did not stipulate the issue of rights abuse。This is because of，First，"Napoleon Code" is concerned about ensuring property ownership，and treat this right as a natural right，Think that it is a precedent for society、Absolute、Personal rights。The legislator of the Napoleon Code first thinks of publicity of property ownership rather than restrictions。Next，Acknowledging that rights can abuse the mainstream cognition of the relationship between the formulation law and the judge at the time。From the perspective of people at the time，The provisions of the Bet365 app download formulation method for civil rights and obligations actually reflect the prediction of the legislators' conflict of interest and its solution.。The role of the judge is limited to becoming the law of the law，"Napoleon Code" Article 5 of the judge is an example in this area。Acknowledging the abuse of rights means that acknowledging the formulation method is incomplete，I have to authorize the referee to remedy afterwards。Last，"Rights Abuse" itself seems to be an expression of self -conflict。Since the right is understood as the legal power to realize specific interests，Then be protected by law，What about abuse?

Although the above views have certain persuasiveness，But the fresh demand of social life is not bad。"Napoleon Code" implemented half a century later，Social reality that has changed greatly forced the referee to break through the aforementioned limit，Later, in the judicial practice, the concept of rights abuse was accepted through the civil liability system。The milestone is the behavior of the Corima Appeal Court in 1855, which is determined to be a famous judgment of the right to set up a fake chimney on his land。The judge lacks the right to abuse specific terms in the "Napoleon Code"，Adopt the extremely broad liability clause of Article 1382 as the referee basis，This also coincides with the murderous mentality of non -motioned property rights。

　Germany makes explicit regulations on the abuse of rights

Bet365 app download In the second half of the 19th century，Germany was affected by the theory of abuse of rights in France，On the other hand，Based on the Roman French tradition that still existed in the German area at the time，In the process of the code of civil law, the right to abuse the right to formulate the law。After the implementation of the German Civil Code，German courts still frequently apply general fraud defense。Article 226 and 826 of the "German Code" stipulates that the exercise of rights is dedicated to harm others，It is not allowed to exercise rights。Those who deliberately damage others by violating good customs，Obligations for compensation and damage to the victims。The former is located in the General Principles，Emphasize the subjective intention of the subject's exercise of rights; the latter is located in the debt editor，With the former，Compensation of the damage caused by attention。Both of them have a great relationship with the fighting behavior in Roman law and general fraud defense。

The contribution of the "German Civil Code" lies in，It has made explicit regulations on the abuse of rights，Created a new chapter in the European National Legislation -Judicial Relations。，Due to the difficulties in the 226th certificate，The German judicial community first turned the provision of rights abuse to Article 826，The final anchor is in principle of integrity in Article 242，The latter's broad meaning gives bet365 Play online games referees a greater interpretation space and convenience。After decades of development，German law developed on the basis of Article 242.、Proposal that is about to be returned、The legal status of advocating in the improper way、A typical type of rights abuse types such as obvious arrears of behavior。

Germany will prohibit rights from abuse of formulation of law，It has an impact on Switzerland and Austria。The Swiss Civil Code directly specifies the right to abuse with the principle of integrity in Article 2，The two models stipulate: exercise rights，Performing Obligations，It should be based on honesty and credit。Objective rights，Not protected by law。For this，We seem to understand it as: the principle of honesty and credit is the positive requirements of the legal order of the law of the civil subject，Rights abuse is aimed at abnormal status that deviates from the codes of the aforementioned behavior，Make it "not protected"。But the Swiss law does not clearly specify the intention of the danger as a requirement for abuse of rights，Instead, the referee left a larger space in the expression of "showing rights abuse"。

　　Italian prohibits the abuse of ownership

The "Italian Code" in 1865 is almost a translation of the Napoleon Code，It also does not formulate rights to formulate right。Facing German and Switzerland's precedents，1942 The "Italian Code" came out of its own way，Its Article 833 stipulates that the owner shall not engage Bet365 lotto review in activities aimed at damage or harass others。On the one hand，This article is the same as that of the "German Civil Code" as Article 226 that opposes the right holder with subjective malice。On the other hand，Italian legislators will abuse their rights on ownership。The absolute right represented by the ownership and the relative rights of the typical debt as the typical right。The realization of the former only requires others to not intervene，The right holder is like the master in this range。The latter's realization depends on the positive cooperation of the counterparts，And more accompanied by interest exchange，So，The right to exercise rights in the right person should be in the way、Term、Location、Dispute solutions and other issues with each other work with each other towards the same goal，This is the essence of honesty and trust。Under the "prohibition of ownership abuse" regulatory mode in Italy，Rights abuse mainly acts in the area of ​​ownership，The wicked intentions of the right holder when exercising their rights will make it negatively consequences of the abuse of rights。Correspondingly，The principle of integrity still takes debt law。

Method、De、The experience of the country and other countries not only shows the development context of the abuse of regulatory rights in the mainland law，It also laid the basic framework for the abuse of the right to regulate the right to regulate bet365 best casino games the rights of the law。At the end of the 20th century，Multi -countries began to revise the Civil Code，The relevant country is deeply influenced by the aforementioned modes。The "Dutch Civil Code" in 1992 puts the problem of abuse of rights in the "General Property Rights of Property Rights"，Three paragraphs of Article 313 announced the first，Forbidden for rights abuse; 2，The judgment factors for rights abuse may be subjective intention with the only purpose of harm others，or the purpose of not conforming to rights (the imbalance between the interests reached by the realization of rights and the damage caused by it); third，There are certain rights based on its nature that cannot be abused。，The scope of the application of Article 3:13 expands the scope of application 3:13 to the legal relationship of "nature does not violate it"。Article 15 of the Romanian Code in 2009 stipulates that any right shall be exercised in any right to violate the excessive and unreasonable way of integrity and trustworthiness。Article 8 of the Czech Civil Code in 2012 stipulates that obvious rights abuse is not protected by law。

(This article is the Humanities and Social Science Research of the Ministry of Education of the Ministry of Education of the Youth Fund Project "Research on the Principles of Principles in Civil Law" (18yjc820073) phased achievement)

(Author Unit: School of Law of Sichuan University)