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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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Class Actions in Europe - Holy Grail or a Wrong Trail? (Hardcover, 1st ed. 2021)
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Class Actions in Europe - Holy Grail or a Wrong Trail? (Hardcover, 1st ed. 2021)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 89
Expected to ship within 12 - 19 working days
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Not so long ago, class actions were considered to be a textbook
example of American exceptionalism; many of their main features
were assumed to be incompatible with the culture of the civil law
world. However, the tide is changing; while there are now trends in
the USA toward limiting or excluding class actions, notorious cases
like Dieselgate are moving more and more European jurisdictions to
extend the reach of their judicial collective redress mechanisms.
For many new fans of class actions, collective redress has become a
Holy Grail of sorts, a miraculous tool that will rejuvenate
national systems of civil justice and grant them unprecedented
power. Still, while the introduction of various forms of
representative action has virtually become a fashion, it is
anything but certain that attempting to transplant American-style
class action will be successful. European judicial structures and
legal culture(s) are fundamentally different, which poses a
considerable challenge. This book investigates whether class
actions in Europe are indeed a Holy Grail or just another wrong
turn in the continuing pursuit of just and effective means of
protecting the rights of citizens and businesses. It presents both
positive and critical perspectives, supplemented by case studies on
the latest collectivization trends in Europe's national civil
justice systems. The book also shares the experiences of some
non-European jurisdictions that have developed promising hybrid
forms of collective redress, such as Canada, Brazil, China, and
South Africa. In closing, a selection of topical international
cases that raise interesting issues regarding the effectiveness of
class actions in an international context are studied and
discussed.
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