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Author: Claudio Consolo
Publisher: Cedam
ISBN: 9788813312824
Category : Law
Languages : it
Pages : 532
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Book Description
Author: Claudio Consolo
Publisher: Cedam
ISBN: 9788813312824
Category : Law
Languages : it
Pages : 532
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Book Description
Author: Brian T. Fitzpatrick
Publisher:
ISBN: 1108803881
Category : Law
Languages : en
Pages : 578
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Book Description
Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
Author: Antonio Gerardo Diana
Publisher: CEDAM
ISBN: 881337397X
Category : Law
Languages : it
Pages : 380
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Book Description
Con la legge n. 31 del 12 aprile 2019, pubblicata in G.U. n. 92 del 18 aprile 2019, il Legislatore ha disposto la Riforma dell’azione di classe, in precedenza regolata dalle norme presenti nel Codice del Consumo (d.lgs. 6 settembre 2005, n. 206). La Riforma riconduce la disciplina della materia nel Codice di procedura civile, disponendo l’inserimento in esso del nuovo Titolo VIII-bis relativo ai procedimenti collettivi (azione di classe e azione inibitoria collettiva) che si compone di ben quindici nuovi articoli (840-bis/840-sexiesdecies). Originariamente posticipata di dodici mesi (19 aprile 2019), rispetto alla data della sua pubblicazione in Gazzetta, l’entrata in vigore della nuova disciplina, dopo il varo del decreto «Milleproroghe» (d.l. 30 dicembre 2019, n. 162, in Gazzetta Ufficiale n. 305 del 31 dicembre 2019), è stata ulteriormente prorogata di altri sei mesi (19 ottobre 2020), essendo stata prevista la modifica del comma 1 dell’art. 7 della legge. La novella trova applicazione alle condotte illecite poste in essere successivamente alla sua entrata in vigore. Continuano, invece, ad applicarsi le regole dettate dal Codice del Consumo per quelle condotte illecite poste in essere precedentemente. La struttura dell’opera ha cognizione compiuta delle regole previgenti e di quelle introdotte con la legge di Riforma. Distribuito in due parti, il contenuto del volume esamina in pari tempo entrambe le discipline, ponendone in rilievo i singoli aspetti e le specifiche peculiarità.
Author: Philippe Billiet (jurist.)
Publisher: Maklu
ISBN: 904660490X
Category : Law
Languages : en
Pages : 244
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Book Description
This is a leading manual for practitioners and gives an update on the interface between class actions and arbitration in every EU Member State that provides access to a form of collective redress. It enhances the use of arbitration in relation to collective redress mechanisms.
Author: Frances Andrews
Publisher: Cambridge University Press
ISBN: 110704426X
Category : History
Languages : en
Pages : 429
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Book Description
Major new study of secular-religious boundaries and the role of the clergy in the administration of Italy's late medieval city-states.
Author: Yeşim M. Atamer
Publisher: Springer Nature
ISBN: 3030230570
Category : Law
Languages : en
Pages : 772
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Book Description
This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).
Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Category : Law
Languages : en
Pages : 248
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Book Description
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Author: Alan Uzelac
Publisher: Springer Nature
ISBN: 3030730360
Category : Law
Languages : en
Pages : 400
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Book Description
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.
Author: Francesca Seracini
Publisher: LED Edizioni Universitarie
ISBN: 8855130153
Category : Language Arts & Disciplines
Languages : en
Pages : 166
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Book Description
This volume is a study into the norms that come into play in the translation of European Union legislation. With a focus on expressions of modality, the study adopts a corpus-based Descriptive Translation Studies approach to analyse the translation strategies used in a bilingual English/Italian parallel corpus of European Union legislation and identify the most frequent translational patterns. The book outlines the principles at the basis of the multilingual policy at the European Union and provides a detailed outline of the context in which the drafting and translation processes take place as a key to understanding the translational choices. The impact of sometimes contrasting factors such as the conventions of legal drafting at the European Union and those within the target culture, the principle of equal authenticity and the attention to the quality and readability of legislative texts is revealed in the analysis. Evidence in support of the theories concerning translation universals is also found and their implications for EU legal translation are discussed. The results lead to the formulation of several hypotheses as regards the norms governing the translation of EU legislative texts. The book also reflects on the impact that the translational choices have on the development of European Union legal language as an independent variety. This volume will be of interest to researchers and students in the fields of Legal Translation Studies and Linguistics, as well as practising translators.
Author: European Central Bank
Publisher:
ISBN:
Category : Clearing of securities
Languages : en
Pages : 26
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Book Description
