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Abuse of Rights in Contractual Obligations
The present work examines the legal regulation of the abuse of rights in contractual obligations in the context of conclusion of a contract, performance of contractual obligations and protection of rights under the contract. The author tries to derive some criteria which can be used by courts to qualify a person's behavior as an abuse of rights. The author also concludes that cases of abuse of rights in contractual obligations mainly involve the violation of such requirements as consistency, information transparency, assistance and proportionality. However, nowadays these requirements are either fragmentarily scattered in civil law and rarely used in judicial practice or still exist only in the doctrine. In this regard, there is a need of improvement of the legislative regulation of these requirements or implementation of explanations in the decisions of the Supreme Court of the Russian Federation.