Evoluţia istorică şi geografică a acţiunii colective
04 01 2017
The class action had undergone an extremely sinuous and complicated historical evolution. With origins that go back to XIIth century Medieval English Law, it has been subjected countless times to reforms and reconfigurations in order to adapt it to the needs of a certain era. Initially build as an instrument for the strong and few in their fight with the many and weak, the class action had transformed into a useful and efficient instrument for...
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Efectele erga omnes ale hotărârilor judecătoreşti pronunţate în acţiunile în eliminarea clauzelor abuzive din contractele standard de consum
07 01 2013
The paper analyses the new collective actions for elimination of unfair terms from consumer contracts with regard to the effects of the judgments rendered in these cases. The judicial instruments for correcting unfair terms from standard contracts create an incomplete mechanism which produces an improper erga omnes effect.In the context of postponing this regulation, a legislative intervention is required for optimizing judgment...
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