This chapter proposes a civil-law-oriented regulatory framework for third-party litigation funding (TPLF) that reconciles private contractual autonomy with public interest safeguards. Drawing on comparative insights from European and Asian jurisdictions, it outlines how civil law principles—particularly legality, proportionality, and good faith—can serve as the foundation for coherent regulation. By defining conditions under which TPLF can coexist with procedural fairness and judicial independence, the chapter aims to shape a harmonized model that legitimizes funding within civil law systems while maintaining trust in the justice process.

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Toward a Civil Law Model of TPLF Regulation

  • Narong Kiettikunwong

摘要

This chapter proposes a civil-law-oriented regulatory framework for third-party litigation funding (TPLF) that reconciles private contractual autonomy with public interest safeguards. Drawing on comparative insights from European and Asian jurisdictions, it outlines how civil law principles—particularly legality, proportionality, and good faith—can serve as the foundation for coherent regulation. By defining conditions under which TPLF can coexist with procedural fairness and judicial independence, the chapter aims to shape a harmonized model that legitimizes funding within civil law systems while maintaining trust in the justice process.