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Legal Consequences of Abuse of Procedural Rights in Disposal of Rights in a Lawsuit
Arbitrazh-civil Procedure, 2023The article substantiates the difference in legal consequences when the parties perform dispositive actions in violation of the law, but at the same time containing or not containing signs of abuse of rights. The conclusion is argued that liability in the form of adverse consequences can occur only when the intent to create obstacles to other persons ...
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Abuse of Procedural Rights in Submission and Disclosure of Evidence in an Arbitration Procedure
Arbitrazh-Civil Procedure, 2023The article deals with sanctions for bad faith behavior in the submission and disclosure of evidence in commercial proceedings. Based on an analysis of judicial practice, the approach is considered reasonable, according to which for the untimely submission and disclosure of evidence should provide for the recovery of court costs, rather than the ...
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A Claim Size Change as a Case of Abuse of a Procedural Right
Arbitrazh-Civil Procedure, 2023On the example of the plaintiff's underestimation of the amount of claims in order to evade the payment of an increased amount of the state fee and the subsequent increase in such requirements, the issue of abuse of procedural rights and the method used by the courts to counteract it is considered.
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On Abuse of Right in the Civil Procedure
Arbitrazh-Civil ProcedureProcedure of the Institute of Justice of the Baikal State University The article examines certain aspects of abuse of law in civil procedure. The author has identified the reasons for the lack of a single legal definition of the legal institution under study in civil procedural legislation, which makes it possible to identify its main features.
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Claim Splitting as a Private Case of Abuse of Procedural Rights
Arbitrazh-Civil Procedure, 2023The article deals with the problem of ‘split’ of a claim in the context of its qualification as abuse of procedural rights through the prism of inconsistency with the goals of the process, as well as negative consequences for the judiciary and the defendant.
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ABUSE OF PROCEDURAL RIGHTS: REGIONAL REPORT FOR ITALY AND FRANCE
, 1998 DONDI, ANGELO
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Abuse of the Procedural Right in Germany: Relevant Development Trends
Arbitrazh-Civil Procedure, 2023This article presents the concept of abuse of process in Germany, its relationship with the principle of Treu und Glauben, and its internal structure. Additionally, it analyzes one example of current judicial practice related to the abuse of rights issue, specifically the inadmissibility of using legal provisions solely to delay the process ...
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Abuse of procedural rights in the civil process
Право и государство: теория и практика, 2022S.I. Knyazkin, M.P. Sidorova
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Abuse of Procedural Rights in International Arbitration
Arbitrazh-Civil ProcedureThe present article is devoted to legal problems related to abuse of procedural rights in international arbitration. The task is to analyze various forms of abuse and mechanisms of abuse prevention for their effectiveness. The author concludes that in order to preserve the legitimacy and effectiveness of international arbitration, the practice of ...
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