General considerations on the action regulated by art. 12 and 13 of the Law no. 193/2000. Analysis of comparative law Cover Image
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Consideraţii generale cu privire la acţiunea reglementată de art. 12 şi 13 din Legea nr. 193/2000. Analiză de drept comparat
General considerations on the action regulated by art. 12 and 13 of the Law no. 193/2000. Analysis of comparative law

Author(s): Ioan Ilieş Neamţ
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: class action; unfair contract terms; Law no. 193/2000; Federal Rule of Civil Procedure 23; Brazilian Consumer Protection Code; European Commission.

Summary/Abstract: Articles 12 and 13 of the Law no. 193/2000 regarding unfair contract terms provided a new type of civil action which is largely considered as being a class action. The paper analyses the legal provisions by comparing them with the American and Brazilian class action and with the model proposed by the European Commission. Aspects such as the standing, the object of the action and the res judicata effect are examined in order to underline de differences and similarities and to point out the shortcoming of the national regulation.

  • Issue Year: 2013
  • Issue No: 06
  • Page Range: 87-113
  • Page Count: 27
  • Language: Romanian