О ПОТРЕБИ ПРОШИРЕЊА ДОМАШАЈА ИНСТИТУТА ЗАБРАНЕ ЗЛОУПОТРЕБЕ СУБЈЕКТИВНИХ ПРАВА
THE NEED TO EXTEND THE SCOPE OF THE LEGAL INSTITUTE CONCERNING THE PROHIBITION OF ABUSE OF RIGHTS

Summary/Abstract: The legal institute that prohibits the abuse of rights is an exception to the rule that the issue of one’s civil liability shall be raised only if the legal subject acted contrary to the legal norm or some other (non-legal) norm which is given legal effect by the legal system. The basic rule of legal logic in interpreting this legal institute is to interpret its norms in the narrowest possible sense. Yet, the theoretical and empirical research that preceded this paper shows the need for extending the scope of this legal institute in order to cover all those situations where a legal subject remained passive when it comes to the use of civil rights. In that sense, relying heavily on the advantages of the normative method, teleological interpretation and multidisciplinary approach, the author emphasizes a relative nature of obligations. Thus, rather than discussing how the legal institute prohibiting the abuse of rights functions in current civil procedure law, the author points to the need of regulating this legal institute more precisely in the substantive civil law de lege ferenda as it was done in the current civil procedure legislation.

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