The study examines the framework of contractual justice within class actions, with a focus on environmental litigation, investigating whether, in light of the reformed law, it can be a real alternative to the process. In order to answer this question, the exegetical problems posed by article 840-quaterdecies of the code of civil procedure and by the law on civil and commercial mediation are analysed. The study concludes by stating that, as class action is structured, collec tive conciliations are not real tools, as they are not able to definitively settle the dispute. Moreover, they do not offer a real economic advantage to the company. Similar assessments can’t also be made with regard to mediation, which, instead, especially in environmental conflict, can play an important preventive role.
Elena Gabellini (2024). Azione di classe e giustizia contrattuale. RIVISTA TRIMESTRALE DI DIRITTO E PROCEDURA CIVILE, 1, 143-174.
Azione di classe e giustizia contrattuale
Elena Gabellini
2024
Abstract
The study examines the framework of contractual justice within class actions, with a focus on environmental litigation, investigating whether, in light of the reformed law, it can be a real alternative to the process. In order to answer this question, the exegetical problems posed by article 840-quaterdecies of the code of civil procedure and by the law on civil and commercial mediation are analysed. The study concludes by stating that, as class action is structured, collec tive conciliations are not real tools, as they are not able to definitively settle the dispute. Moreover, they do not offer a real economic advantage to the company. Similar assessments can’t also be made with regard to mediation, which, instead, especially in environmental conflict, can play an important preventive role.File | Dimensione | Formato | |
---|---|---|---|
Azione di classe e giustizia contrattuale Trim. 2024.pdf
accesso riservato
Tipo:
Versione (PDF) editoriale
Licenza:
Licenza per accesso riservato
Dimensione
359.14 kB
Formato
Adobe PDF
|
359.14 kB | Adobe PDF | Visualizza/Apri Contatta l'autore |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.