Organizing the theoretical-practical framework for the concept of "abuse of right" in Iran's legal system

The problem of inappropriate use of rights or so-called abuse of rights in the past and in simple and simple societies, because the conflict between rights and social relations was less, was raised mostly in one issue, that is, in the relations between the owner and the neighbors, but today in every There is a possibility of abuse of the right in the field of commercial law, contract field, family field, civil procedure field, etc., while in today's legal system of Iran, on the one hand, this concept is limited to the general principle of the ۴۰th constitution and only In the relations between the owner and the neighbor, it is in Article ۱۳۲ of the Civil Code, and on the other hand, in the legal literature and judicial opinions, there are scattered and case-by-case interpretations of this concept. Therefore, it is necessary to look at this issue beyond a limited and case-specific concept and based on personal inferences from the above-mentioned legal principle and article. For this reason, this article seeks to organize a theoretical and practical framework for the concept of abuse of rights. The most important finding of this research is to present this concept as a scientific theory, if by providing a precise definition of the theory of abuse of rights, stating some of the goals and characteristics of this theory, proposing criteria for it, distinguishing it from similar institutions and Examining some examples has finally provided a theoretical-applied framework of the theory of abuse of rights so that legal researchers and judicial users can distinguish and separate the good from the bad by considering the criteria of this article in different legal fields and judicial cases. give The research method in this study is analytical and is based on gathering information through note-taking tools from books, articles, etc., and it analyzes research data with the logical-rational analysis method.

کلیدواژه ها:

abuse of right ، harmless rule ، violation of right ، fraud against the law ، improper use of right ، سوء استفاده از حق ، قاعده لاضرر ، تجاوز از حق ، تقلب نسبت به قانون ، استفاده ناشایست از حق