法律程序中权利的滥用(伊斯兰法学与民法比较研究)

Q2 Social Sciences
Saad Salim Mashjel, DR PROF., Hamid Sultan Ali
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引用次数: 0

摘要

程序权利人有权在规定的范围内使用,不得偏离其目的。但也可能采用拖延、扭曲、拖延的方式,在诉讼程序中行使法律规定以外的权利。因为辩护权对所有人都是允许的,除了那些不妥协和偏离已被证明会伤害其对手的人。这被认为是对权利的夸大和滥用以及由此造成的损害,这反过来又损害了申请人在司法管辖范围内要求赔偿。权利持有人没有绝对的权力随心所欲地使用自己的权利,因为法律将他的权力限制在合法的目的上,并为他的权利设定了限制,因为无限制地使用权利是一种令人发指的不公正,而且客观权利和程序权利之间没有区别,因为后者被用作侵犯对手的手段。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ABUSE OF RIGHTS DURING LEGAL PROCEEDINGS (COMPARATIVE STUDY OF ISLAMIC JURISPRUDENCE AND CIVIL LAW)
The procedural right holder has the right to use it within the limits set for him to achieve its purpose without any deviation. However, it may use methods that involve procrastination, distortion, procrastination, and the use of the right in litigation procedures other than what they are legislated for. Because the right of defense is permissible for all, except for those whose intransigence and deviation has been proven to harm his opponent. This is considered exaggeration and abuse in the use of the right and the damage resulting from it, which, in turn, harms the applicant for compensation within the jurisdiction of the judiciary. The right holder does not have an absolute power to use his right as he likes, for the law limits his authority to legitimate ends and draws limits for his right, because use of right without a limit is an outrageous injustice, and there is no difference between the objective right and the procedural right, since the latter is being used as a means of violating the opponent.
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来源期刊
自引率
0.00%
发文量
0
审稿时长
5 weeks
期刊介绍: The Russian Law Journal is one of the first academic legal journals in English to be published in Russia. Our goal is to provide scholars worldwide with comparative papers on recent legal developments not only in Russia, but also in Eurasia, other jurisdictions and on the international level. The idea to establish this journal belongs to the following scholars of Moscow State Lomonosov University Law Faculty: Gleb Bogush, Nataliya Bocharova, Dmitry and Anastasia Maleshin and Sergei Tretyakov. We want to bring the Russian academic legal tradition closer to the international environment and make Russian legal scholarship more accessible to other scholars and well-known worldwide.
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