Die Tatsachenfeststellung bei Klagen nach dem Abtretungsmodell

The publication examines methods for dealing with the taking of evidence in mass actions that pursue multiple uniform claims. Such mass actions present a significant challenge for the judiciary. The author discusses the possibilities of sampling in procedural law de lege lata and develops a proposal that improves the manageability of mass actions on the basis of comparative law. To this end, the constitutional framework and the law governing the taking of evidence are analyzed and the role of sampling elsewhere in procedural and substantive law is investigated.