Debido proceso colectivo: la representatividad adecuada en las acciones colectivas norteamericanas (class action)
The purpose of this study, is to address the issue of adequacy of representation in class actions, as guarantor element of due process of absent members. The article is divided into four parts: the first briefly seen the background, the class action in common law and its reception in the United St...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7252107 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 57, 2017 |
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| Summary: |
The purpose of this study, is to address the issue of adequacy of representation in class actions, as guarantor element of
due process of absent members. The article is divided into four parts: the first briefly seen the background, the class action
in common law and its reception in the United States until the issuance of Federal Rule of Civil Procedure 23; The second
part addresses the requirements for admission and maintenance of the class action, and also the cases where it is possible to bring it to the judiciary; the third part, analyzes the figure of adequacy of representation, first from the conflict of interest, and then, from the various standards for his study, regarded to representative as his lawyer, finally, the effects of its
absence and some innovative positions in the field. At the end the most important conclusions of the study are presented. |
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