Collective Litigation in German Civil Procedure
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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The Cambridge handbook of class actions : an international survey . ed. / Brian Fitzpatrick; Randall S. Thomas. Cambridge: Cambridge University Press, 2021. p. 233-246 13.
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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TY - CHAP
T1 - Collective Litigation in German Civil Procedure
AU - Halfmeier, Axel
N1 - Buch ist in der Bib vorhanden
PY - 2021/2/18
Y1 - 2021/2/18
N2 - Germany does not have class actions in the American sense. On the contrary, there has been a long tradition of opposition to the class action model at least since the 1980s, both in academic discourse and in the political arena. This opposition can be divided into three groups of arguments: first and most traditional, there are arguments based on alleged or perceived violations of constitutional law, in the sense that a class or group litigation would be incompatible with fundamental principles of the individual’s right to be heard in court.
AB - Germany does not have class actions in the American sense. On the contrary, there has been a long tradition of opposition to the class action model at least since the 1980s, both in academic discourse and in the political arena. This opposition can be divided into three groups of arguments: first and most traditional, there are arguments based on alleged or perceived violations of constitutional law, in the sense that a class or group litigation would be incompatible with fundamental principles of the individual’s right to be heard in court.
KW - Law
UR - https://www.mendeley.com/catalogue/14f70836-398e-3219-8d13-501cae0015cd/
U2 - 10.1017/9781108770927.013
DO - 10.1017/9781108770927.013
M3 - Contributions to collected editions/anthologies
SN - 978-1-108-48858-7
SP - 233
EP - 246
BT - The Cambridge handbook of class actions
A2 - Fitzpatrick, Brian
A2 - Thomas, Randall S.
PB - Cambridge University Press
CY - Cambridge
ER -