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The incorporated possibility of civil procedure in german consummer collective lawsuit

  • DONG-A LAW REVIEW
  • 2013, (59), pp.287-323
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Myoung Min 1

1고려대학교 법학연구원

Accredited

ABSTRACT

There is small sum, many damage of mass production and mass consumption today. But there is very difficult to solve the this problem through the civil procedure system. Especially we need suit-form for the solving the group problem to solve the group trouble in connection with consummer and to protect for the consummer's profit. In germany they not only protect the consummer's benefit through the guideline of the European Union in 1998 but also influence in germany civil procedure. In the other hand, collective consummer action in Consummer Protect Act in Korea was introduced through the class action (Verbandsklage) in germany. And KapMuG appropriate for an institutional strategy to solve the group trouble. UWG § 10 (Gewinnabschöpfungsanspruch) was acknowledged the compensation. We must consider this point between germany and korea. We must consider the incorporate possibility of civil procedure in german class action. Through this unification in civil procedure we can improve the problem in appointed party system and joint litigation system. And we must endeavor for pursuiting of Quickness, Economy, Equity and Resaonality in Ideal of civil procedure.

Citation status

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