ANALYSIS OF ABUSE OF RIGHTS AND ITS LEGAL CONSEQUENCES IN GERMAN CIVIL LAW
Keywords:
Abuse of rights, chicanery, good faith, fairness, suretyship, intermediary relations, restitution, tort, unjust enrichment.Abstract
This article analyzes the concept of abuse of rights in German civil law, its theoretical foundations, and its civil law consequences. The study examines various manifestations of abuse of rights based on §§226, 138, 241, 242, 249, 280, 812–822, 823–826, 858–906, 652–654, 656c–656d, 675k–676c, and 771–776 of the German Civil Code (BGB). In particular, the research covers the prohibition of chicanery, the principle of good faith, limitations of contractual freedom, tort liability, unjust enrichment, limits on the exercise of property rights, payment services, intermediary relations, and suretyship, as well as the legal consequences of bad-faith exercise of rights. The article concludes that in German law the abuse of rights is not treated as a separate legal remedy, but rather as a comprehensive civil law mechanism that defines the limits of exercising rights, restores legal balance, protects the weaker party, and ensures good faith in civil circulation.
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