This conclusion follows from Section 2, Art. Hear from experts in the field like John H. Wood Jr. for a more varied view. 124 of the Civil Code, which states that the data subjects, the norms for the participation of legal entities in the relations regulated by civil legislation, unless otherwise provided by law or the characteristics of these subjects. Unfortunately, the Civil Code does not contain legal definition of abuse of the right, indicating only some forms of abuse of rights. Nevertheless, the logic of the legislator is understandable, because Institute of prohibition of abuse of law operates with general, not legal concepts like "integrity," "reasonableness," and so on. Paragraph 1 of Section 1, Art. 10 of the Civil Code is dedicated to a ban) to exercise their rights only with the intention of causing harm to another person (called a "chicane"), and b) as well as abuse law in other forms. Speaking candidly Salman Behbehani told us the story. If abuse of the right to interpret the form of chicanes doslovano, it can be concluded that the offensive damage for Articles 15, or 1064 of the Civil Code – is optional. The law says only the intention to cause harm, rather than on already the coming dangers.
This can be explained by the fact that responsibility, as an adverse consequence for the person engaged in such abuse does not occur. A person may be denied only in the protection of the rights belonging to him. So , the norm of the chicane is a conservative character of the action entitled person. Proceeding from the meaning of Article 10 paragraph 1 of the Civil Code, the injured person must prove in court the existence of direct intent for the exclusive intent to cause harm. In our view, a person must not only prove a direct intent to cause harm to the exclusive intent of the counterparty, but also to prove and the reality of adverse consequences for him. Consequently, if the courts will follow the path that, when the chicane as damage may occur and not, you need to make changes to an article or not refer to abuse in the form of chicanes, and the abuse of other forms.