Abuse of Procedural Rights

Abstract

From the outset of civil proceedings, each party tends to use various legal instruments to obtain a favorable outcome, without necessarily considering whether their grounds are legal or not. While the right to resort to legal procedures is legitimate, the expansion of this right does not prevent its excessive use, even to the point of abuse and misuse, leading to obstruction of justice and negatively impacting the scope of the guarantee of the right to access the courts. The theory of abuse of rights in general, or procedural law in particular, can serve as a basis for refining the opposing party's conduct during the proceedings and determining compensation for damages caused by the perpetrator of the abuse against the opposing party.