Tentatives et perspectives de régulation du financement du contentieux par des tiers
This article examines various attempts to regulate the practice of third-party funding and provides an organized framework of the different regulatory approaches in comparative law. First, the article distinguishes four types of issues the various regulations attempt to address – ethical, transactio...
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| Natura: | Article ou chapitre numérique |
| Lingua: | Français |
| Pubblicazione: |
2024
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| Accesso online: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Riassunto: | This article examines various attempts to regulate the practice of third-party funding and provides an organized framework of the different regulatory approaches in comparative law. First, the article distinguishes four types of issues the various regulations attempt to address – ethical, transactional, procedural, and relative to the market. Then, it identifies four different regulatory approaches taken by various jurisdictions and institutions – self-regulation, regulation by statute, ad hoc regulation through court decisions, and the application of pre-existent rules governing other types of transactions. The analysis highlights the need for a comprehensive, mandatory and coherent regulatory framework that addresses all stakeholders and aspects of third-party funding. The conclusion emphasizes the importance of balanced regulations to ensure market integrity and prevent abuses while fostering the development and effectiveness of third-party litigation funding practices. |
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