DETERMINING FACTORS AND DETERRENT INSTRUMENTS OF THE FRIVOLOUS LITIGATION

DETERMINING FACTORS AND DETERRENT INSTRUMENTS OF THE FRIVOLOUS LITIGATION

This article aims to analyze frivolous litigation as a procedural phenomenon that generates partial unfeasibility of access to justice to those who really have serious claims. At first, we start from the conceptual and methodological premises of the economic analysis of law to present introductory n...

Full description

Bibliographic Details
Main Author:	Jorge Luis da Costa Silva
Format:	Article
Language:	English
Published:	Universidade do Estado do Rio de Janeiro 2020-04-01
Series:	Revista Eletrônica de Direito Processual
Subjects:	frivolous litigation economic analysis of law litigation gratuitousness jurisprudence access to justice
Online Access:	https://www.e-publicacoes.uerj.br/index.php/redp/article/view/44599/31770

Similar Items

ECONOMIC ANALYSIS OF LITIGATION: BASIC ASSUMPTIONS AND BRAZIL’S 2015 CIVIL PROCEDURE CODE
by: Victor Guedes Trigueiro, et al.
Published: (2019-08-01)

THIRD PARTY FUNDING: A PROCEDURAL LAW ANALYSIS
by: Paula Ferreira Bovo
Published: (2020-09-01)

Sanction for the non-confessing debitor. Litiscrescence in Roman law
by: Michael Binder
Published: (2022-10-01)

Is One Health a Viable Strategy in Animal Health Litigation: Evidence from Civil Lawsuits in China
by: Kai Wu, et al.
Published: (2021-08-01)

Comparative Notes on the use of Commercial Litigation Funding in Insolvency: Australia and South Africa
by: Sulette Lombard, et al.
Published: (2023-11-01)

STRUCTURAL LITIGATION: A TRANSITION BETWEEN STATES OF AFFAIRS FOR THE PROTECTION OF RIGHTS
by: Matheus Souza Galdino
Published: (2019-12-01)

The impact of the value of dispute, discount rates and litigation costs on the decision to litigate
by: Gligorić Čedomir, et al.
Published: (2016-01-01)

Claims, Disputes and Litigation Involving BIM
by: Mohamad Kassem
Published: (2017-09-01)

States as Successful Litigants before the European Court of Justice: Lessons from the ‘Repeat Players’ of European Litigation
by: Marie-Pierre Granger
Published: (2006-12-01)

MULTIDISTRICT LITIGATION AND AGGREGATION MECHANISMS: A REAL ALTERNATIVE TO THE CLASS ACTION RULE?
by: Gustavo Osna
Published: (2019-08-01)

Environmental liability litigation could remedy biodiversity loss
by: Jacob Phelps, et al.
Published: (2021-11-01)

Litigation in the lawsuits related to inheritance cases
by: Hijab Ibrahem
Published: (2010-12-01)

Access to Documents in Antitrust Litigation – EU and Croatian Perspective
by: Vlatka Butorac Malnar
Published: (2015-12-01)

Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation
by: T Humby
Published: (2009-03-01)

FACING UP TO MULTINATIONALCOMPLEX LITIGATION IN THE UNITED STATES
by: Ángel R. Oquendo
Published: (2017-04-01)

The Role of Students as Legal Assistants in Litigation Assistance Activities in the Community
by: Muhammad Wafa Abdurrozaq, et al.
Published: (2023-07-01)

Climate Litigation Reaches Italian Courts - Giudiuzio Universale
by: Umberto Lattanzi
Published: (2024-04-01)

PROCEDURAL TECHNIQUES EVOLUTION FROM EXACERBATED INDIVIDUALISM TO ARTIFICIAL COLLECTIVISM: IRDR AS THE SYSTEM BALANCE TOOL
by: Bruno Dantas, et al.
Published: (2021-09-01)

Litigation Financing – A Conceptual Framework
by: Collins Ngwakwe
Published: (2022-08-01)

Incurring Civil Liability towards the Administrator of the Insolvent Company
by: Maria Cazanel
Published: (2021-01-01)

Public Interest Litigation" and Its Role in Fighting Economic Corruption (A Comparative Study of the Iranian, American and English Law)
by: Seyyede Omolbanin Hoseini
Published: (2022-09-01)

TRANSNATIONAL LITIGATION AND ELEMENTS OF FAIR TRIAL
by: Remo Caponi
Published: (2015-12-01)

The Tobacco Industry’s Abuse of Scientific Evidence and Activities to Recruit Scientists During Tobacco Litigation
by: Sungkyu Lee
Published: (2016-01-01)

Anti-suit injunctions in patent litigation
by: Gustavo Hirsch
Published: (2021-08-01)

Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities
by: Willene Holness, et al.
Published: (2014-12-01)

The Civil Rights Litigation Clearinghouse: Origins and Goals
by: Margo Schlanger
Published: (2018-11-01)

Reducing the delay of the trial in the light of the management of the trial on the evidence to prove the case
by: Hoda Goyandeh, et al.
Published: (2023-05-01)

Climate change litigation as financial risk
by: Javier Solana
Published: (2020-12-01)

The importance of spitefulness in the economic analysis of litigation
by: Mojašević Aleksandar, et al.
Published: (2020-01-01)

Kecenderungan Masyarakat Memilih Lembaga Penyelesaian Sengketa Ekonomi Syariah.
by: Nurhasanah Nurhasanah, et al.
Published: (2016-12-01)

The Legal and Juridical Nature OF Insolvency litigation
by: Hamid Abhari, et al.
Published: (2015-03-01)

Implementation of Litigation Mediation in Resolving Medical Negligence Disputes Between Patients and Health Workers
by: Daffa Ladro Kusworo, et al.
Published: (2023-03-01)

The Amendments Made in Romania by Law No. 102/2023 to Administrative Litigation, Only Apparently Minor
by: Anamaria Groza
Published: (2023-06-01)

Strategic litigation in South Africa: understanding and evaluating impact
by: Brickhill, J
Published: (2021)

Climate Change Litigation and EU Environmental Liability Directive
by: Vanesa Vujanić
Published: (2011-01-01)

Non-litigation as An Environmental Dispute Resolution Mechanism in Indonesia
by: Dwi Ratna Indri Hapsari, et al.
Published: (2022-03-01)

Indigenous Climate Litigation in Anglophone Settler-Colonial States
by: Sam Bookman

Judges and Courts Respond to Opioid Litigation Engulfing U.S. Court Systems
by: Markus Zimmer
Published: (2019-02-01)

Penyelesaian Sengketa Perjanjian Syariah pada Lembaga Keuangan Syariah
by: Maskufa Maskufa
Published: (2015-10-01)

PENYELESAIAN SENGKETA PERJANJIAN SYARIAH PADA LEMBAGA KEUANGAN SYARIAH
by: Maskufa Maskufa
Published: (2015-10-01)