权利与权利失效

Rights and Invalidation of Rights

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)特征,故设立权利失效原则实乃必要。文章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 gist of Forbidding Misuse of Rights Rule is that the litigants of civil activities are asked to fulfill the balance of individual interest and social interest during the course of exercising rights and carrying out duties. Forbidding Misuse of Rights Rule is the basis of the value of “Social Standard” and becomes a common article in Civil Law. It is necessory to create Invalidation of Right Rule, basing on the character of uncertainty of the basic legal principles. Starting from analysing the essence of rights and Forbidding Misuse of Rights Rule , this paper elaborates the composition and function of invalidation of fights.