The present article aims to determine the scope of the doctrine of the abuse of the substantive right in some non-property relations between spouses. The issue of the application of Article 5 of the Civil Code in the case of the request for a certificate of no record of marriage, marriage annulment, divorce or separation petition has been frequently discussed in the relevant literature. However, the views that are represented in the doctrine of law are not uniform. The article claims that petitions for marriage annulment, divorce or separation are substantive rights that can be exercises by way of procedural acts i.e. action for a declaration of a legal relation. As a consequence, the actions of the authorised party exercising the right may be subject to assessment based on Article 5 of the Civil Code unless due to the content of the regulations applicable in the given case, the doctrine of abuse of substantive rights is redundant. With regard to the admissibility of the application of the provision of Article 5 of the Civil Code to the request of a certificate of no record marriage, it has been recognised that the doctrine of the abuse of a subjective right is excluded due to the fact that the legal effect of the failure to meet the conditions of contracting a marriage in the form of its non-existence, although it may be detrimental to the spouse or spouses, is produced ex lege. The court is obliged to examine whether the conditions for contracting a marriage as stipulated under Article 1 of the Family and Guardianship Code, have been met, and, in the event of non-compliance with even one of them, to adjudicate that a marriage is non-existent ex tunc with all its consequences.