| Abstract [eng] |
Class Action in Civil Procedure In January 1str, 2015 Group action was implemented in Lithuanian civil procedure legal system. Now, after few years, problems, which arise from still formulating court judgments, can clearly be seen. Due to this fact, group action regulation and identified problem analyse was the main purpose of this master thesis. Opt-out system is one of the most discussed questions due to its infamous problems which are seen in United States of America, when deciding how to regulate group action. The questions: is opt-out still problematic system which may not be used and is it possible to incorporate opt-out system in group action regulation of Lithuania, were discussed in this master’s thesis. Also, there is still no group action, which is proceed at court. Where was a few tries to bring a group action, however no one was certified. The certification requirements are these: factual ground must be common or similar, group action is more proper, effective and purposeful way to proceed an action than individual proceeding, the requirement must be met to have before court a non-court dispute proceeding and proper representative of the group. Commonality and similarity of factual ground was analysed, also the criteria of how to decide if representative of group is proper. Group action regulation in Lithuania does not state in which area of law group action can arise, also it is not stated what claims can be brought with group action. In this thesis, it was brought to attention, that it is almost impossible to bring individual monetary claim. According to analysed group or class action regulation in other countries also court judgments, it was suggested to implement subgroups in the group action regulation. Due to these subgroups, it would be more easily to certificate group action on factual ground (common or similar) or for court to make a judgment for individual claims. |
