Limitations of the dispositive principle and powers of the judge in collective proceedings

Abstract

This paper analyzes the need to limit the dispositive principle, which rules strongly in Spanish civil proceedings, to effectively protect collective or group rights. To this end, two regulations are confronted: that contained in the Spanish Civil Procedure Act, lacking a genuine system of collective actions, and that contained in the Model Code of Collective Procedures for Ibero-America, which is aware of the specificities of collective actions, and contains a real system of effective collective judicial protection.