My dissertation consists in a thesis which contributes to the ongoing discussion that a proper ODR system should not be seen as a †œfourth-party†� (referred to the technology component in a dispute settlement). At present, ODR Regulation 524/2013 still relies just on procedural rules, avoiding a substantial approach to the disputes. In this context the aim is to include a legal proposal in such a developed and envisioned framework. The approach is to reduce obstacles to the good functioning of civil proceedings, negotiations and settlements, especially the cross-border ones, by enforcing a method that could improve agreements by means of a new E-procedure in certain areas of civil law, such as successions and trust, matrimonial regimes, property and lease, company law and consumer law. A new E-procedure based on game theory's principles of fair division and win-win solution instead of using law principles.
Dispute Resolution and New IT Realities
2016
Abstract
My dissertation consists in a thesis which contributes to the ongoing discussion that a proper ODR system should not be seen as a †œfourth-party†� (referred to the technology component in a dispute settlement). At present, ODR Regulation 524/2013 still relies just on procedural rules, avoiding a substantial approach to the disputes. In this context the aim is to include a legal proposal in such a developed and envisioned framework. The approach is to reduce obstacles to the good functioning of civil proceedings, negotiations and settlements, especially the cross-border ones, by enforcing a method that could improve agreements by means of a new E-procedure in certain areas of civil law, such as successions and trust, matrimonial regimes, property and lease, company law and consumer law. A new E-procedure based on game theory's principles of fair division and win-win solution instead of using law principles.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14242/318312
URN:NBN:IT:BNCF-318312