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Revista Eletrônica de Direito Processual, 2019 The objective of this work was to study the objective good faith (abuse of procedural law) in the scope of the awarded collaborations by means of the analysis of the entire content of decisions of collegial organs of the STF involving the subject ...
Marcio dos Santos Alencar Freitas +1 more
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The Role and Position of the Principle of Good Faith in the Iran-United States Claims Tribunal [PDF]
Iranian Journal of International and Comparative Lawbodies in history. The arbitrators of this institution have referred to general principles of law, citing Article 5 of the Claims Settlement Declaration, in various cases for decision-making. Among the general principles of law, if not the most important,
Morteza Shahbazinia +2 more
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IMPLEMENTATION OF PRINCIPLES IN SEPARATE PROCEEDINGS [PDF]
Alfred Nobel University Journal of LawThe article examines the implementation of the principles in separate proceedings. It was determined that disputes considered in separate proceedings have their own special procedural form.
Yurіі S. Fedorenko
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Instrumental aspects of proportionality in civil proceedings
Law and Safety, 2022 The purpose of the work is to define the role of proportionality as a tool for overcoming legal uncertainty in the application by courts of the principles and norms of law in modern civil proceedings. It was supported the statement that within the limits
O. H. Bortnik, T. V. Stepanenko
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Prevention of Abuse of Procedural Rights and Stimulation of Parties Good Faith of Conduct [PDF]
University Scientific Notes, 2020 In this article, a comparative legal and empirical study of the principle of good faith in law and the prevention of abuse of procedural rights as one of its element are conducted. These phenomena should be recognized as relevant objects for research, given that in civil procedural Ukraine specific measures were taken to prevent abuse of procedural ...
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Some remarks about specificatio at Gaius
Journal on European History of Law, 2013 The jurists were and still are divided upon the question whether good faith (bona fides) was necessary to acquire the ownership of a newly made thing (species). Gaius also discussed the case of specification (specificatio) in his Instituts.
Gergely Deli
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Arbitrazh-civil procedure, 2021 The article deals with topical issues related to the development of the principle of good faith in domestic civil and arbitration law. The author describes the current state of this principle in these sectors, discloses the concept of «good faith» and proposes legislative initiatives to develop the regulator in the judicial process and thereby ...
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Uzhhorod National University Herald. Series: Law, 2023 The article is devoted to the study of the category of good faith in civil proceedings. The author notes that in the field of jurisprudence, and especially in the field of judicial jurisdiction, concepts and categories that belong to the field of ethics and morality by virtue of their nature began to be applied more and more often.
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THE COURT ’s PROCEDURAL ACTIVITY IN COUNTERACTING ABUSES OF PROCEDURAL RIGHTS
Электронное приложение к Российскому юридическому журналу, 2019 The prohibition of abuse of rights is an interdisciplinary constitutional principle, which the court should follow when resolving a particular dispute.
Anan’in Danil
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