Bad Faith As a Diagnosis of Abuse of Law in the Excercise of Subjective Right

Author(s):  
V. L. Volfson
Keyword(s):  
Author(s):  
Mamurov Shokhrukh Boboxonovich ◽  

This article is aimed invalidity of a contract concluded as a result of improper use of material rights (property rights) and abuse of law. In addition to actions aimed at abuse of property rights constituting a violation, actions that disproportionately violate the rights and legitimate interests of neighbors (the benefit received by the owner, disproportionate to the inconvenience for the neighbor) can also be assessed as abuse. Invalidation of the agreement on the disposal of prohibited property to unscrupulous third parties allows the creditor to bring a claim for the seizure of property from the unscrupulous third party, and in the event of a substantial claim by the plaintiff, to obtain an excuse from the unscrupulous owner. Naturally, a refund request can be combined with a request to invalidate the transaction. At the same time, according to the logic of things, in cases of bad faith of the owner of the prohibited property, it is necessary to invalidate not only the transfer of property, but also the entire contract


2021 ◽  
Vol 8 (3) ◽  
pp. 205316802110317
Author(s):  
Rebecca A. Glazier ◽  
Amber E. Boydstun ◽  
Jessica T. Feezell

Open-ended survey questions can provide researchers with nuanced and rich data, but content analysis is subject to misinterpretation and can introduce bias into subsequent analysis. We present a simple method to improve the semantic validity of a codebook and test for bias: a “self-coding” method where respondents first provide open-ended responses and then self-code those responses into categories. We demonstrated this method by comparing respondents’ self-coding to researcher-based coding using an established codebook. Our analysis showed significant disagreement between the codebook’s assigned categorizations of responses and respondents’ self-codes. Moreover, this technique uncovered instances where researcher-based coding disproportionately misrepresented the views of certain demographic groups. We propose using the self-coding method to iteratively improve codebooks, identify bad-faith respondents, and, perhaps, to replace researcher-based content analysis.


ELH ◽  
1987 ◽  
Vol 54 (4) ◽  
pp. 941
Author(s):  
Christopher D. Morris
Keyword(s):  

Nature ◽  
2012 ◽  
Vol 489 (7417) ◽  
pp. 502-502
Author(s):  
Andy Greenfield
Keyword(s):  

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