Abuse of subjective family law

Abstract

Background. Problems of abuse of subjective civil law have aroused special interest among researchers of civil science. At the same time, scholars have ignored the problem of abuse of subjective family law, the specifics and features that are inherent in family law science given the unique legal nature of the industry.
Analysis of recent research and publications has shown that despite the existence of some scientific works in civil doctrine, the chosen topic remains unresolved, an important scientific problem on the essence of understanding the legal category of abuse of family law and related features of subjective rights.
The purpose of the study is to substantiate scientific and theoretical approaches to the category of «abuse of rights», which are related to the laws of legal regulation of abuse of subjective personal non-property and property rights of family members and determine the legal understanding of abuse of family law.
Materials and methods. To achieve this goal and fulfill the tasks, in the process of scientific research a set of methods of scientific knowledge is used. The methodological basis of scientific work were general philosophical approaches, as well as general scientific and special scientific methods, which provided the opportunity to establish the essence and legal understanding of the concept of abuse of family law.
Results. The legal literature in general covers different approaches to the legal understanding of the abuse of subjective law in general. The analysis of the problem of abuse of law is closely related to the need to clarify the very concept of «subjective law», which in particular means the implementation of actions by an authorized person contrary to the purpose of subjective law with the characterization of the law as unfair and harmful to public interests and / or personal interests of third parties or creates a real threat of its infliction in the formal legality of actions.
It is established that abuse of family rights can be divided into such types as: 1) legalized abuse of subjective family law, which occurs when it clearly does not go beyond the established by the IC of Ukraine subjective right, in essence can be legitimate given the special nature and specifics of family relationships; 2) non-legalized abuse of subjective family law (inadmissible), which clearly goes beyond the scope of subjective law established by the IC of Ukraine, is illegal, i.e. violates the moral principles of society, contradicts the purpose of the right (abuse of parental rights – causing physical , mental, moral harm to the child).
Conclusion. Thus, in contrast to existing publications in civil law doctrine, the author's position is formulated that the abuse of subjective family law means the use of law in violation of its limits, which is manifested in unfair commission of family law legal actions that constitute a clearly defined content of subjective family law, in particular contrary to the purpose and moral principles of society.