There is a long history of bet365 cricket odds abuse。It originated from the combat behavior and general fraud defense in Roman law，The former attacks anti-social behavior of bet365 cricket odds holders to harm the intended exercise of bet365 cricket odds，The latter is used to protect the trust interests of the counterparty。Abuse of bet365 cricket odds formed a more systematic theory in the writings of medieval jurists。Enter the era of codification，European countries have adopted different regulatory models with their own characteristics on the issue of bet365 cricket odds abuse，And had an impact on latecomers。

　French civil liability regulation model

The "Code Napoleon" (also known as the "French Civil Code") promulgated in the early 19th century did not initially provide for the abuse of bet365 cricket odds。This is because，First，The Napoleonic Code was concerned with ensuring property ownership，And regard this right as a natural right，Think that it precedes society、Absolutely、Individual bet365 cricket odds。The legislators of the Napoleonic Code first thought of promoting property ownership rather than restricting it。Secondly，Recognizing that bet365 cricket odds can be abused is inconsistent with the mainstream understanding of the relationship between statutory law and judges at that time。In the eyes of people at the time，The statutory provisions on civil bet365 cricket odds and obligations actually reflect the legislator’s prediction of conflicts of interest and their resolution modes。The role of a judge is limited to being the voice of the law，The constraints imposed on judges by Article 5 of the Napoleonic Code are examples of this。Admitting abuse of bet365 cricket odds means admitting that statutory law is incomplete，Have no choice but to authorize the referee to make subsequent remedies。Last，“Abuse of bet365 cricket odds” itself seems to be a contradictory expression。Since bet365 cricket odds are understood as legal power to realize specific interests，And then protected by law，Where to start talking about abuse？

Although the above views are somewhat persuasive，But it cannot compete with the fresh needs of social life。Half a century after the implementation of the Napoleonic Code，The greatly changed social reality forces referees to break through the aforementioned limitations，The concept of bet365 cricket odds abuse was later accepted in judicial practice through the civil liability system。The milestone is the famous decision of the Court of Appeal of Colmar in 1855 that the erection of false chimneys on the land by real estate bet365 cricket odds holders was an abuse of bet365 cricket odds。The judge said that the Napoleonic Code lacks specific provisions related to abuse of bet365 cricket odds，Adopt the extremely broad negligence clause of Article 1382 as the basis for judgment，This also coincides with the harmful mentality of real estate bet365 cricket odds holders。

　Germany has explicit provisions on the abuse of bet365 cricket odds

The second half of the 19th century，Germany was influenced by the French bet365 cricket odds abuse theory on the one hand，On the other hand，Based on the Roman law tradition that still existed in Germany at that time，Legalize the abuse of bet365 cricket odds in the process of codification of civil law。After the implementation of the German Civil Code，German courts still frequently apply the general fraud defense。Articles 226 and 826 of the German Civil Code respectively stipulate that if the exercise of bet365 cricket odds is exclusively for the purpose of harming others，The right shall not be exercised。A person who intentionally inflicts harm on others in a way that violates good customs，Obligated to compensate the victim。The former is located in the General Section，Emphasis on the bet365 cricket odds holder’s subjective intention to cause harm；The latter is located in the debt section，Cooperate with the former，Compensation for damages caused by attention。Both are closely related to the conduct of combat and the general defense of fraud in Roman law。

The contribution of the German Civil Code is，It clearly stipulates the abuse of bet365 cricket odds，Created a new chapter in the legislative-judicial relationship in continental European countries。Afterwards，Due to difficulties in proving Article 226，The German judiciary first shifted the basis for abuse of bet365 cricket odds to Article 826，Finally anchored on the principle of good faith in Article 242，The latter’s broad meaning gives the referee greater room for interpretation and convenience。After decades of development，German law developed a self-contradiction based on Article 242、Propose things that are about to be returned、Legal status claiming improper acquisition、Typical bet365 cricket odds abuse types such as obvious inappropriate behavior。

Germany’s approach to legalizing the prohibition of abuse of bet365 cricket odds，Influenced Switzerland and Austria。The "Swiss Civil Code" directly stipulates the abuse of bet365 cricket odds and the principle of good faith together in Article 2，The two paragraphs respectively stipulate: exercise of bet365 cricket odds，Perform obligations，Should be done with honesty and credit。Obviously an abuser，Not protected by law。To this，We seem to understand this as: the principle of good faith is a positive requirement of the legal order for the code of conduct of civil subjects，bet365 cricket odds abuse refers to abnormal situations that deviate from the aforementioned code of conduct，Make it "unprotected"。However, Swiss law does not clearly stipulate the intention to cause harm as a requirement for bet365 cricket odds abuse，Instead, the expression "obvious abuse of bet365 cricket odds" leaves more room for the referee。

　　Italy prohibits abuse of ownership

The Italian Civil Code of 1865 is almost a translation of the Napoleonic Code，Similarly, the abuse of bet365 cricket odds has not been legalized。Facing the precedents of Germany and Switzerland，The Italian Civil Code of 1942 went its own way，Article 833: The owner shall not engage in activities aimed at harming or harassing others。On the one hand，This article, like Article 226 of the German Civil Code, opposes bet365 cricket odds holders exercising their bet365 cricket odds with subjective malice。On the other hand，Italian legislators identify abuse of bet365 cricket odds on ownership。There is a big difference between the absolute bet365 cricket odds represented by ownership and the relative bet365 cricket odds represented by creditor's bet365 cricket odds。The realization of the former only requires the non-interference of others，The bet365 cricket odds holder is like a master within this scope。The realization of the latter depends on the active cooperation of the counterparty，And it is often accompanied by an exchange of interests，Therefore，The bet365 cricket odds holder shall exercise his bet365 cricket odds in a manner、Expiration、Location、Work together with the other party toward the same goal on dispute resolution and other issues，And this is the essence of good faith。Under Italy’s “No Ownership Abuse” regulatory model，bet365 cricket odds abuse mainly affects the field of ownership，The evil intention of the bet365 cricket odds holder when exercising his bet365 cricket odds will make him bear the negative consequences of abusing his bet365 cricket odds。Accordingly，The principle of good faith still takes the law of obligations as its scope。

法、Germany、The experience of Italy and other countries not only shows the development trend of the civil law system in regulating the abuse of bet365 cricket odds，It also laid the basic framework for regulating the abuse of bet365 cricket odds in other countries in this legal system。End of the 20th century，Many countries have begun to revise their civil codes，The countries concerned are deeply influenced by the above-mentioned models。The 1992 Dutch Civil Code placed the issue of abuse of bet365 cricket odds in Part III "General Principles of Property bet365 cricket odds"，The three paragraphs of Article 3:13 respectively declare the first，Prohibition on abuse of bet365 cricket odds；Second，The determining factor for abuse of bet365 cricket odds is the subjective intention with the sole purpose of harming others，Or it is inconsistent with the purpose of bet365 cricket odds (the imbalance between the benefits achieved by the realization of bet365 cricket odds and the damage caused)；Third，There are certain bet365 cricket odds which by their nature cannot be abused。In addition，Article 3:15 expands the scope of application of Article 3:13 to legal relationships outside Part III that are “not inconsistent in nature”。Article 15 of the 2009 Romanian Civil Code stipulates: No right shall be exercised in an excessive and unreasonable manner contrary to good faith or for the purpose of harming others。Article 8 of the 2012 Czech Civil Code states: Obvious abuse of bet365 cricket odds is not protected by law。

(This article is a phased result of the Humanities and Social Sciences Research Youth Fund Project of the Ministry of Education "Research on the Principles of Prohibition of Abuse of bet365 cricket odds in Civil Law" (18YJC820073)

(Author’s unit: Sichuan University Law School)