Results 61 to 70 of about 49,538 (161)

Abuse of Process in Extreme Grace Period Clauses in Debt Suspension Settlements

open access: yesJurnal USM Law Review
This study aims to analyze the legal construction of extreme grace period clauses in Suspension of Debt Payment Obligations (PKPU) settlement proposals and to assess whether such clauses constitute abuse of process despite formal procedural compliance ...
Norman David
doaj   +1 more source

Ensuring a Balance Between the Principle of Good Faith and Abuse of Rights in Ukrainian Court Practice

open access: yesProblems of Legality
The article reveals the peculiarities of the functioning of the principle of good faith in substantive and procedural law of Ukraine and defines the tools used in judicial practice to counteract bad faith of participants in legal relations. Good faith is
Sergii Vasyliev
semanticscholar   +1 more source

Plaintiff-Controlled Jurisdiction through Claim Valuation? A Critique of the Iranian Supreme Court's Unification Judgment No. 865 with a Comparative Perspective on French and American Law [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
The division of judicial bodies and the establishment of monetary thresholds as a criterion for determining value-based jurisdiction (ratione valoris) are fundamental tools of judicial policy aimed at enhancing the efficiency of the justice system and ...
Badie Fathi
doaj   +1 more source

The national doctrine of good faith in civil proceedings: a review of the main scientific works

open access: yesAnalytical and Comparative Jurisprudence
The article examines the scientific works of national scholars on civil procedure and the practice of justice in civil cases with a view to understanding the evolutionary path of formation and development of national legal thought and legislation on such
O. Krasovskyi
semanticscholar   +1 more source

Judicial Reasoning on Unlawfulness in Onslag Decisions in Corruption Cases

open access: yesJurnal USM Law Review
This study analyzes judicial law finding (rechtvinding) in High Court Decision Number 25/PID.SUS/2021/PT/BDG, focusing on the interpretation of the element of unlawfulness in an onslag van alle rechtsvervolging ruling within corruption cases involving ...
Ihat Subihat
doaj   +1 more source

An Introduction to the Emergence and Classification of the Law of Obligations in the English Legal System: A Comparative Examination of Its Structure in Islamic Jurisprudence and the Iranian Legal System [PDF]

open access: yesپژوهش‌نامه حقوق اسلامی
‌ ∴ Introduction ∴ ‌The concept of obligations and their classification occupies a central position within legal theory, guiding the allocation of rights and duties among legal actors.
Hossein Abedini   +1 more
doaj   +1 more source

A Study of the Regulatory Framework of Standard Essential Patent Disputes and the Legal Effects of FRAND Commitments: Mitigating International Jurisdictional Conflicts and Improving Domestic Institutional Systems

open access: yesJournal of Intellectual Property
This study analyzes the legal uncertainties and dispute structures of Standard Essential Patent licensing within the intersection of patent and competition law.
Chang Kyu Lee
doaj   +1 more source

THE IMPORTANCE OF THE PRINCIPLE OF GOOD FAITH IN THE IMPLEMENTATION AND PROTECTION OF THE SUBJECTIVE CIVIL RIGHTS OF MILITARY PERSONNEL

open access: yesJuridical scientific and electronic journal
. The article examines the main regularities of the development of the principle of good faith in Ukraine, determines its place among the principles of the exercise of subjective civil rights, and considers promising directions of development.
S. Ivashchenko, M. Chalyi
semanticscholar   +1 more source

On the differentiation of standards of proof in civil cases

open access: yesПравоприменение
Subject. Russian civil procedure has adopted a differentiated approach to standards of proof in civil cases: not only is the “balance of probabilities” standard applied, but also prima facie, “clear and convincing evidence,” and “beyond a reasonable ...
N. V. Platonova
doaj   +1 more source

John Paul II and Benedict XVI’s concern for the protection of the faithful against the most serious crimes, with particular emphasis on the sexual abuse of minors committed by clergy

open access: yesPolonia Sacra
The problem of dealing justly and efficiently with the most serious crimes in the Church after the promulgation of the Code of Canon Law in 1983 became the concern of Cardinal Joseph Ratzinger, later Benedict XVI, and John Paul II.
Bartosz Trojanowski
doaj   +1 more source

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