The Limits of Exercise of the Rights of Parties in Civil Law

Abstract

The general principle with respect to the limits of the rights of parties in civil law and the consequences of violation of these limits is formalized in Article 5 of the Principles of Civil Legislation of the USSR and the Union Republics, Part 1 of which reads: "Civil rights are protected by law except for cases in which they are exercised in conflict with the purposes of these rights in socialist society during the period of the comprehensive building of communism." The principle expressed in the cited provision is not new in Soviet legislation. It had previously been stated in Article 1 of the RSFSR Civil Code of 1922, which provided for the possibility of refusal to protect civil rights exercised in conflict with their socio-economic purpose. However, there are a number of significant differences between Article 5 of the Principles of 1961 and Article 1 of the Civil Code of 1922.