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Edited Legal Collections Data |
Book Title: The Law and Economics of Class Actions in Europe
Editor(s): Backhaus, G. Jürgen; Cassone, Alberto; Ramello, B. Giovanni
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781847208033
Section: Chapter 18
Section Title: The Class Action Code: A Model for Civil Law Countries
Author(s): Gidi, Antonio
Number of pages: 20
Extract:
18. The class action code: a model for
civil law countries
Antonio Gidi
1. INTRODUCTION
This project's objective is to inspire the creation of the best possible code for
class action suits, in light of the needs and peculiarities of civil law
countries and international experience with class actions (or collective
actions, as they are more appropriately called). The proposal offered below
represents the author's choices among possible solutions to problems that
arise in the judicial protection of group rights. Each possible solution has
its own advantages, disadvantages, and opportunities for abuse.
Many rules herein recommended are repetitions, adaptations, or
improvements of existing rules in other legal systems. Others are more
innovative, and are the fruit of the author's vision of the class action
process as a whole, influenced by comparative procedural law, both indi-
vidual and collective, particularly derived from the law of Brazil, the
United States, Canada, France, Italy, and Scandinavia.1
One of the project's contributions is to eliminate unjustified procedural
differences in class actions. For example, such differences exist in Brazilian
and American class actions as a result, merely, of chance and historical
mistake. There is nothing that justifies why notice in American class actions
for damages should be more rigorous than that in injunctive class actions,
or why res judicata in Brazilian class actions should be a function of the
type of claim involved. This is an opportunity to correct such distortions.
Some differences in class action proceedings, however, are legitimate ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2012/317.html