Le contrat de financement de procès
Third-party litigation funding stems from an old and distinct practice. But the recent emergence of professional funders raises concerns as to how this rapidly expanding litigation funding investment market can affect the justice system. Litigation funding is primarily governed by the parties’ agree...
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| Médium: | Article ou chapitre numérique |
| Jazyk: | Français |
| Vydáno: |
2024
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| On-line přístup: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Shrnutí: | Third-party litigation funding stems from an old and distinct practice. But the recent emergence of professional funders raises concerns as to how this rapidly expanding litigation funding investment market can affect the justice system. Litigation funding is primarily governed by the parties’ agreements, so much so that these agreements arguably play a normative role, contributing to the privatization of justice that the litigation funding market tends to promote. The contents of the funding agreement can thus be, at its level, a reference of this phenomenon. This article assesses the role that litigation funding agreements take in the privatization of justice, through an analysis of current practices and the limits to party autonomy. |
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