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“Abuse Moderately”

12/ 08/ 2021
  Author: Alexey Grachev, Lawyer of Dynasty Law & Investment Everything is allowed that is not prohibited by law - this golden rule can usually justify any behavior that does not look like an offense. However, often a person can go beyond his subjective civil law, because in the absence of direct prohibitions, the boundaries of the latter are extremely difficult to determine. The situation is similar with the procedural rights of the parties during the proceedings. Described falls under the eloquent term abuse of rights. forms are grounds for denial of judicial protection of civil rights and interests of such a person. In case of abuse of procedural rights, the court is obliged to take appropriate measures, in particular, to leave without consideration, return the complaint, application, petition, or even deny the claim. The latest scientific and practical achievements offer a comprehensive test to determine the abuse of rights. To do this, you need to clarify the following aspects of the case: Did the person exercise his right or use it? Did the use of the law cause negative consequences (conditions) for other persons? What is the purpose of exercising the right? Does such use of the right correspond to the status of a person, his experience, education, sphere of activity? Behind these relatively simple issues lies a comprehensive analysis of the legal relationship between the parties, which will guarantee effective protection of the violated or disputed right, as well as a speedy trial. Dynasty Law & Investment specialists will gladly perform this task for you.

Author: Alexey Grachev, Lawyer of Dynasty Law & Investment

“Everything is allowed that is not prohibited by law” – this “golden” rule can usually justify any behavior that does not look like an offense.

However, often a person can go beyond his subjective civil law, because in the absence of direct prohibitions, the boundaries of the latter are extremely difficult to determine.

The situation is similar with the procedural rights of the parties during the proceedings. Described falls under the eloquent term “abuse of rights”. forms are grounds for denial of judicial protection of civil rights and interests of such a person. In case of abuse of procedural rights, the court is obliged to take appropriate measures, in particular, to leave without consideration, return the complaint, application, petition, or even deny the claim.

The latest scientific and practical achievements offer a comprehensive test to determine the abuse of rights. To do this, you need to clarify the following aspects of the case:

  1. Did the person exercise his right or use it?
  2. Did the use of the law cause negative consequences (conditions) for other persons?
  3. What is the purpose of exercising the right?
  4. Does such use of the right correspond to the status of a person, his experience, education, sphere of activity?

Behind these relatively simple issues lies a comprehensive analysis of the legal relationship between the parties, which will guarantee effective protection of the violated or disputed right, as well as a speedy trial. Dynasty Law & Investment specialists will gladly perform this task for you.

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