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This chapter explores how the civil law tradition, grounded in codification and public-order principles, shapes the reception of third-party litigation funding (TPLF). Unlike the common-law world, constrained by the legacy of champerty and maintenance, civil law jurisdictions evaluate TPLF through the doctrines of contractual freedom, procedural fairness, and judicial oversight. By examining key systems, such as those of France, Germany, and Italy, this chapter highlights how civil law reasoning both constrains and enables the adaptation of TPLF within a codified legal framework.

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The Civil Law Tradition and Its Implications for TPLF

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  • 发表日期：

    2026年

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  • Narong Kiettikunwong

摘要

This chapter explores how the civil law tradition, grounded in codification and public-order principles, shapes the reception of third-party litigation funding (TPLF). Unlike the common-law world, constrained by the legacy of champerty and maintenance, civil law jurisdictions evaluate TPLF through the doctrines of contractual freedom, procedural fairness, and judicial oversight. By examining key systems, such as those of France, Germany, and Italy, this chapter highlights how civil law reasoning both constrains and enables the adaptation of TPLF within a codified legal framework.