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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Group Actions and the Role of Courts

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ISBN13: 9789041103796
ISBN: 9041103791
Published: July 1997
Publisher: Kluwer Law International
Format: Paperback
Price: Out of print

As an introduction to group actions and the role of the courts, the author of this text first examines the functions of civil procedure, looking at the relationship between procedural and substantive law, between form and substance. Substantive law presupposes access to justice which in turn presupposes access to the court. Specifically, with respect to group claims, it is observed that although the traditional, individualistic, two-party civil procedure predominates, it is not the perfect tool for handling the full range of conflicts in a modern society.;The author illustrates the possible introduction of class actions in Europe with a summary of the proposal of the Swedish Commission on Group Actions for which he acted as Special Commissioner.

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Courts and Procedure
Part I The role of the courts. Part II Form and substance. Part III The purpose and function(s) of the legal system and civil proceedings; a basic view; four functions - conflict resolution, access to justice and alternative dispute resolution (reparation), behaviour modification (prevention), the formation of precedents, legal development; public and procedural economy; to sum up. Part IV Individualism and massification: group claims; revolution or reform?. Part V Group actions: terminology, function(s) and existence; class actions for Europe?; the Swedish proposal - presentation, characterization; reactions to proposals for the introduction of group and class actions.