THE COMPARATIVE LEGAL ANALYSIS OF THE TRANSFORMATION OF THE GENERAL RULES ON THE ABUSE OF RIGHT AT THE LAW OF POST-SOVIET AND POST-SOCIALIST COUNTRIES
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 1
Abstract
The genesis of the general rules on abuse of right at the legal frameworks of the USSR and other socialist states as well as their further transformation at the legislation of the post-socialist countries are investigated in the article. First of all rules of the Draft of the Civil Code of the Russian Empire of 1913 provided on the abuse of right as well as ante-revolutionary legal studies of Russian lawyers and their impact on the Soviet law are described. Further the genesis of the rules of the Soviet law of different periods provided for the exercise of legal rights and the discussion of the Soviet lawyers for this topic are covered. The impact of the Soviet law on the legal frameworks of a number of socialist countries of the Eastern Europe is reviewed. The comparative analyses of the changes of legal rules on the abuse of right of the post-Soviet and post-socialist countries have been fulfilled as well as a modern discussion of the lawyers of the post-soviet countries for this topic has been outlined.
Authors and Affiliations
A. V. Smityukh
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