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Rechtsmissbrauch Im Zivilprozess.

Rechtsmissbrauch Im Zivilprozess.

Paperback

Series: Schriften Zum Prozessrecht, Book 253

General Law

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ISBN10: 3428156420
ISBN13: 9783428156429
Publisher: Duncker & Humblot
Published: Jan 30 2019
Pages: 316
Weight: 10.58
Language: German
Abuse of Rights in Civil Proceedings

The prohibition of abuse of rights is a popular argumentation figure in substantive civil law as well as in civil procedural law. Within the framework of legal methodology, however, its location is often unclear and the courts prematurely use the argument of abuse of rights to justify a decision. The present study considers the prohibition of abuse of rights not only from a dogmatic perspective, but also from a methodological perspective and concretizes the argumentation procedure using civil procedural law as an example.

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General Law