Article 10. The Limits of Exercising Civil Rights


1. As not admissible shall be deemed the exercise of civil rights solely for the purpose of inflicting harm upon another person, actions in circumvention of the law for attaining an unlawful aim, as well as any other wittingly unfair exercise of civil rights (the abuse of rights).
Seen as inadmissible shall be the use of civil rights for the purpose of restricting competition, as well as the abuse of a dominating position in the market.
2. In case of failure to satisfy the requirements stipulated in Item 1 of this Article, a court of law, arbitration court or arbitration tribunal shall reject a person's claim for the protection of the right held by such in full or in part, subject to the nature and consequences of the abuse made, and shall take other measures provided for by law.
3. Where an abuse of a right manifests itself in carrying out actions in circumvention of the law with an unlawful aim, the effects provided for by Item 2 of this article shall apply insofar as the other effects of such actions are not established by this Code.
4. If an abuse of a right has entailed a violation of another person's right, such person is entitled to claim for repair of the damage caused by it.
5. The fairness of participants in civil law relations and wisdom of their actions shall be presumed.

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