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- Title
How to Reduce the Gap? A Comparative View on the Policies Behind Intervention Rules.
- Authors
Cavallini, Cesare; Gaboardi, Marcello
- Abstract
The intervention of a nonparty in pending litigation represents a crucial moment in civil proceedings. Intervention transforms bilateral proceedings into multiparty proceedings such that the interests of the original parties tend to conflict with the interests of the intervenor. This article aims to analyze intervention--and particularly so-called intervention of right--in existing litigation by surveying the main regulatory regimes within civil law and common law systems. Even if the comparative perspective emphasizes similarities and differences among American, French, German, and Italian legal systems, the application of Article Ill's standing requirements per the U.S. Supreme Court's jurisprudence reinforces the role played by a nonparty's interest in intervening in existing litigation. That interest reveals itself as a crucial criterion fo r determining the types of intervention in which multiparty litigation is consistent with policy considerations concerning the length of time and the expense of economic resources by the parties within civil proceedings.
- Subjects
NONPARTIES (Law); CIVIL law; UNITED States. Supreme Court; COMMON law; JURISPRUDENCE
- Publication
Review of Litigation, 2019, Vol 39, Issue 1, p1
- ISSN
0734-4015
- Publication type
Article