The interpretation and function orientation of the principle of prohibiting abuse of rights

Abstract

Article 132 of Civil Code of the People's Republic of China establishes the principle of prohibiting abuse of rights, which provides the fundamental basis for the identification and judgment of the abuse of the right. The identification of the abuse of rights needs to be made from two aspects: constituent elements and identification elements. There are four kinds of legal consequences of rights abuse at present in our country, namely, loss of rights, limitation of rights, invalidation of behavior and responsibility of civil liability, but it remains to be seen if there are specific rules. As one of the basic principles of civil code, this principle goes hand in hand with the principle of good faith and the principle of public order and good custom. It also has the functional value of filling legal loopholes, reflecting the consistency of the operation of the code, clarifying the boundary of rights and standardizing the exercise of rights.