Popularklagen Im Privatrecht
Subtitle: zugleich ein Beitrag zur Theorie der Verbandsklage
By: Axel Halfmeier
Series: Jus privatum -- Bd. 105
Publisher: Mohr Siebeck
Published: 2006
Place of publication: Tübingen
Language: ger
Number of pages: 422
ISBN-13: 9783161490484
Subjects: Class actions (Civil procedure); Citizen suits (Civil procedure); Popular actions
Description: Axel Halfmeier studies how the phenomena of popular action and legal action taken by an association, both of which exist in German private law, can be classified dogmatically and how they must be dealt with in procedural law. The issue here is the right of action with which an objective legal control is carried out in forms of private law. For this reason, the author gives a clear definition of the difference between popular action and legal action taken by an association and the enforcement of individual claims. He begins by dealing with the objective legal control in the form of the actio popularis . He then examines the current popular action in patent law and trademark law as well as legal action taken by associations, in particular in relation to consumer protection law and competition law. The author describes the common structural problems of these forms of action and provides them with a new solution on the basis of the law in force.--
Notes: Originally presented as the author's Habilitationsschrift--Universität Bremen, 2005/2006.

Includes bibliographical references (p. [397]-417) and index.