Estoppel as a means of protection against the abuse of rights
https://doi.org/10.26907/2541-7738.2025.5-6.254-268
Abstract
This article is devoted to estoppel, a legal mechanism preventing a party from acting inconsistently with their earlier conduct, which is widely used in Russian and foreign judicial practice. The conditions for applying estoppel, such as the establishment of reasonable trust, the adaptation of the parties’ behavior, and any manifest injustice arising as a result of the contradictory behavior, contribute to the development of a unique legal mechanism. Particular attention is paid to the classification of estoppel types in Russian law, considering their enshrinement in the Civil Code of the Russian Federation and their use in the judicial practice. Also discussed are the controversial issues related to the possibility of absorption of estoppel by the principle of good faith and its role in protecting the rights of participants in civil law relations. In conclusion, it is emphasized that estoppel is an important tool for building trust in transactions, but its application requires a thorough analysis of the circumstances of the case and compliance with the principles of fairness and good faith. It is argued that estoppel should be viewed as one of the ways for preventing the abuse of rights, which would simplify its classification and application of the corresponding legal consequences.
About the Author
D. M. Kasatkin
St. Petersburg State University of Architecture and Civil Engineering
Россия
Россия
Dmitry M. Kasatkin, Senior Lecturer, Department of Legal Regulation of Urban-Planning Activities and Transport
St. Petersburg, Russia
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Review
For citations:
Kasatkin D.M. Estoppel as a means of protection against the abuse of rights. Kazan Journal of Historical, Linguistic, and Legal Research. 2025;167(5-6):254-268. (In Russ.) https://doi.org/10.26907/2541-7738.2025.5-6.254-268
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