This chapter traces how the practice of third-party litigation funding emerged from being outlawed under medieval doctrines of maintenance and champerty to becoming an accepted facet of modern legal finance. We explore the common-law prohibitions’ evolution over time and compare how civil-law jurisdictions have historically treated similar arrangements. Foundational terms like maintenance (meddling in another’s lawsuit) and champerty (maintenance in exchange for a share of the proceeds) are explained in detail for clarity.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Historical Origins and Evolution of Litigation Funding

  • Narong Kiettikunwong

摘要

This chapter traces how the practice of third-party litigation funding emerged from being outlawed under medieval doctrines of maintenance and champerty to becoming an accepted facet of modern legal finance. We explore the common-law prohibitions’ evolution over time and compare how civil-law jurisdictions have historically treated similar arrangements. Foundational terms like maintenance (meddling in another’s lawsuit) and champerty (maintenance in exchange for a share of the proceeds) are explained in detail for clarity.