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The Abuse of Constitutional Rights
2021Abstract This chapter shows how constitutional rights, which have become a nearly universal hallmark of liberal democratic constitutionalism, can be abused for anti-democratic ends. It offers a series of examples, running across different forms of rights and contexts. It shows how hate speech and ‘memory’ laws have been abused in Rwanda,
Rosalind Dixon, David Landau
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2002
Abstract For more than a century, the dispute between Edward Pickles and Bradford over water supply has been accepted as slamming the common law door shut on the civil law doctrine of abuse of rights. Although the litigation concerned real property and water law, and possibly could have been confined to that sphere, its simple and ...
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Abstract For more than a century, the dispute between Edward Pickles and Bradford over water supply has been accepted as slamming the common law door shut on the civil law doctrine of abuse of rights. Although the litigation concerned real property and water law, and possibly could have been confined to that sphere, its simple and ...
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SSRN Electronic Journal, 2017
Today, there are many situations for which the possibility of applying competition law to intellectual property rights (IPRs) is recognized. However, there is considerable dispute when it comes to the originary acquisition of IPRs. Are IP registration procedures a topic for competition law, or should they be left to the correction mechanisms provided ...
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Today, there are many situations for which the possibility of applying competition law to intellectual property rights (IPRs) is recognized. However, there is considerable dispute when it comes to the originary acquisition of IPRs. Are IP registration procedures a topic for competition law, or should they be left to the correction mechanisms provided ...
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Abuse of the Rights of the Taxpayer
Rossijskoe pravosudie, 2021Statement of a problem. The design of abuse of law, first developed for the sphere of private law, was further transferred to the sphere of public law. But this does not make it possible to equate abuse of law in private and public relations. There is a fundamental difference between them due to the nature of the regulated relations, the specificity of
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Abuse of the Right to Reconciliation
Arbitrazh-Civil Procedure, 2023The use of the right to adjourn proceedings for judicial conciliation in order to delay the proceedings should be considered as an abuse of procedural right. As a measure of responsibility of a person who has abused the right to judicial conciliation, it is proposed to allow the imposition of the obligation to reimburse the state's expenses for the ...
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SSRN Electronic Journal, 2016
When a collection of essays by Joseph Goebbels was published in the mid 1930ies, the introduction to the chapter on democracy infamously stated that: “[f]orever it will be among the best jokes about democracy that it provided the means to its own destruction to its mortal enemies.” Against the backdrop of this sardonic conclusion, modern human rights ...
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When a collection of essays by Joseph Goebbels was published in the mid 1930ies, the introduction to the chapter on democracy infamously stated that: “[f]orever it will be among the best jokes about democracy that it provided the means to its own destruction to its mortal enemies.” Against the backdrop of this sardonic conclusion, modern human rights ...
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XXIII Международная научная конференция «Цивилизация знаний: российские реалии» «Цивилизационные задачи современного правоведения: наука, образование, практика» (стратегическая панель), 2022
В статье рассматриваются проблемы, связанные с пределами права. Предметом исследования является злоупотребление правом собственности. Автором проанализированы понятия собственности, злоупотребления правом, пределов права, выявлены признаки злоупотребления правом, на примерах показаны проблемы, связанные с пределами права собственности, выявлены ...
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В статье рассматриваются проблемы, связанные с пределами права. Предметом исследования является злоупотребление правом собственности. Автором проанализированы понятия собственности, злоупотребления правом, пределов права, выявлены признаки злоупотребления правом, на примерах показаны проблемы, связанные с пределами права собственности, выявлены ...
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Lomonosov Law Journal
The subject of the study is the issue of correlation between illegality and abuse of right. Such aspects of illegal behaviour as violation of general principles of law and legal obligations are considered. Various doctrinal concepts and views on the abuse of right and its illegality, as well as approaches of judicial practice to this issue are analysed.
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The subject of the study is the issue of correlation between illegality and abuse of right. Such aspects of illegal behaviour as violation of general principles of law and legal obligations are considered. Various doctrinal concepts and views on the abuse of right and its illegality, as well as approaches of judicial practice to this issue are analysed.
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