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Author
Annotation
This study examines the principle of good faith exercise of procedural rights in civil proceedings and its importance as a means of counteracting the abuse of procedural rights. The philosophical, theoretical and normative foundations of good faith are analyzed, as well as the main concepts of abuse of law in legal theory. The correlation between the objective and subjective approaches in establishing abuse is studied, taking into account the specifics of procedural law. The effect of the presumption of good faith, the role of the court in counteracting unconscionable procedural behavior and the practice of the Supreme Court of Cassation are examined. A system of criteria and a general test of reasonableness and good faith are proposed, which can assist judicial judgment in distinguishing the lawful exercise of procedural rights from their misuse.
Keywords
good faith; procedural rights; abuse of law; civil process; Art. 3 of the Civil Procedure Code; procedural good faith; presumption of good faith; test of reasonableness; procedural abuses
