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禁止权利滥用原则的要旨是要求民事活动的当事人在行使权利及履行义务的过程中,实现个人利益与社会利益的平衡。禁止权利滥用原则负载了“社会本位”权利观的价值,在民法上成为一般条款。基于法律基本原则的不确定性(模糊性)的特征,故设立权利失效原则实乃必要。本文以权利的本质和禁止权利滥用原则为分析出发点,阐述权利失效的构成及功能。
The essence of the principle of prohibiting abusive use of rights is to require the parties to civil activities to strike a balance between personal interests and social interests in the exercise of their rights and fulfillment of their duties. The prohibition of the abuse of rights principle carries the value of the concept of “social standard” rights and becomes a general clause in civil law. Based on the uncertainty of the basic principles of law (fuzziness), it is necessary to establish the principle of invalidation of rights. In this paper, the essence of right and the principle of prohibiting the abuse of rights as the starting point for analysis, elaborating the composition and function of the right of failure.