The class actions in italy: problems and perspectives in comparative analysis
DOI:
https://doi.org/10.5433/2178-8189.2008v12n0p295Keywords:
Consumers, insurance, financial market, subjective legitimation, conciliation chamberAbstract
The Italian financial laws for 2008 introduce, in Article 2, item 445, the first organic discipline of class actions in the Italian order. The decision made by the Italian legislator is, therefore, meaningful in relation not only to the effects produced in the legal system but also to the possible repercussions in contractual relations between citizens, companies and local and national public authorities. The article, ideally structured in three parts, puts together a historical reconstruction of the facts before the approval of the law with a detailed analysis of its contents in the light of the most relevant jurisprudential cases. The core of this brief research consists of the analysis of the perspectives as well as their problems, since the analysis of the concrete data tries to discover (possible) solutions for such problems.
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