"Abuse of Right" vs. "Abuse of Interest" in Commercial Transactions Cover Image
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"Злоупотреба с право" vs. "злоупотреба с интерес" при търговските сделки
"Abuse of Right" vs. "Abuse of Interest" in Commercial Transactions

Author(s): Zhana Koleva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: abuse of right; abuse of interest; commercial transaction; community acquis
Summary/Abstract: The subject matter of this report is the concept of abuse of right (Art. 289 of the Commercial Law) compared with these of abuse of interest (Art. 303a, Paras 1-2 and Art. 309a, Para 3of the Commercial Law). Both abusive acts affect commercial transactions but are sanctioned in a different way by the law. Therefore, the abuse of interest seems to be a distinct concept. Whether is so or not, it is currently being discussed in this report. Both abusive acts are examined in respect of community acquis finding the right answer.