О злоупотреблении правом на обращение с заявлением о применении исковой давности: вопросы правовой квалификации

Abstract

The article examines the problematic issues of qualification about the abuse of the right to apply for the application of the limitation period. The statement of the party to the dispute on the application of the limitation period is not only a way of protection, but also a subjective right that the party to the dispute can abuse. The article suggests a way for the courts to identify such facts through the prism of procedural relations to establish the circumstances of the case, through a two-step test. One of the qualifying signs of abuse of the right to file a statement of limitation is harm, the form of expression of which is the diminution of the right to protection of the other party (plaintiff), which is of a proprietary nature.