Suchergebnisse

eingereicht von Mirjana Suta ; Zusammenfassung in deutscher Sprache ; Universität Linz, Diplomarbeit, 2016 ; (VLID)1271136

The standard European consumer representative injunction actions have been extended from 2008 by a general class action procedure. This is normally an opt-in mechanism, but under certain conditions, and only for actions brought by a designated public authority such as the consumer ombudsman, it can be brought on an opt-out basis. [Reprinted by permission of Sage Publications Inc., copyright The American Academy of Political and Social Science.]

Even eighteen years after the implementation of Law 83/95, of August 31, about the rights of participation in class action litigation in Portugal, there is no sufficient evidence of its applicability. Contrarily to what is observed in other countries as the United States and Brazil it seems that in Portugal, there is no interest of the several parties that would be involved in a class action litigation to obtain information or inform other parties relatively to the main procedures on it and to induce the litigation. The aim of this dissertation is to understand what may be influencing class action litigation in Portugal. One begins with the economic rationale for class action litigation. One introduces its main benefits and costs, when compared to other litigation mechanisms and the main procedural mechanisms generally influencing the litigation. Then, one examines the Portuguese case, having into account not only the influence of legislation but also of other extra-legal factors which may be influencing Portuguese society and the number of class action litigation cases in Portuguese courts. This last part is supported by several interviews to the main parties who would be involved in class action litigation in the country. To do this analysis one focus on class action litigations related with consumer protection.

The standard European consumer representative injunction actions have been extended from 2008 by a general class action procedure. This is normally an opt-in mechanism, but under certain conditions, and only for actions brought by a designated public authority such as the consumer ombudsman, it can be brought on an opt-out basis.

Class action lawsuits as a vehicle of rent extraction is developed as an extension of political/legislative rent extraction theory. An event study is performed on thirty firms in which a securities class action lawsuit is filed & subsequently resolved by retraction, settlement, or legal verdict. The data set is found to be consistent with rent having been extracted as a result of the class action lawsuit. 3 Tables, 1 Appendix, 14 References. Adapted from the source document.