Forme ale acţiunii colective din perspectiva dreptului comparat
Comparative Law Perspectives on Forms of Collective
Action
Author(s): Ioan Ilieş NeamţSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: class action; issue class action; mass harms; private class action; organizational class action; public class action; trial class action; settlement only class action; active class action;,
Summary/Abstract: Even through a superficial analysis of the comparative law, one can easily infer that the class action is characterized by multiple variations, some of which having a major impact on its functionality and efficiency. The paper aims to explore a part of these differences, especially those referring to the domain of the class action, the standing of the class, the remedy, the scope of the application, the way of solving the judicial dispute and the person who may act as a representative.We will conclude that while some adaptations, such as issue class action, may prove to be useful in today’s context, others, like the settlement only class action, should be regarded with caution. Furthermore, we will try to argue why a trans-substantial class action, applicable no matter the remedy and in which a member of the class, organization or public authority may act as a representative, should be considered.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2017
- Issue No: 02
- Page Range: 91-111
- Page Count: 21
- Language: Romanian
- Content File-PDF