| Abstract [eng] |
The purpose of the Master’s degree thesis “The problems of applying a class action lawsuit in a civil process” (hereinafter called “the Study”) is to reveal the problematic questions of the since the 1st of January 2015 valid new legal norms of the Civil Code of the Republic of Lithuania meant for the fixing of the class action institute. The result of which is an ineffective and inefficient application of the class action norms in practice. In the first part of the Study, the historical evolution of the class action lawsuit is introduced and its institute fixed in the jurisdictions of different countries (USA, Sweden, Denmark and Norway) is analysed. In addition, two models of the class action institute are discussed, i.e., the opt-in and opt-out systems. Pros and cons of both systems are introduced. This part concludes that even though that each of the countries have individual requirements for a class action lawsuit, however, the general attributes of a class action are practically identical in all of the countries. In the second part of the Study, the requirements that have been valid prior to 1st of January 2015 for the class action lawsuit at different timelines in the legal system of Lithuania are analysed. In addition, the problems that have been encountered while trying to lodge this type of lawsuit according to the legal norms valid at that time are highlighted. A conclusion is made that the main problem has been an especially laconic and narrow regulation fixed by the lawmaker, which resulted in an inability to protect the infringed rights through a class action lawsuit. In the third part of the Study, a new regulation for a class action lawsuit that has become valid from 1st of January 2015 is examined. The main problems are highlighted, which in the author’s opinion can determine an ineffective and inefficient application of the class action institute in practice: the choice of system, description of the object of the institute and its’ separation from the procedural participation and representation institutes, the rules of anticipatory settlement of disputes out of court, the obligations of the court in relation to the evaluation of the representative of the class and the possibility to lodge individual monetary demands. The Study ends with conclusions, that in the author’s opinion the class action institute is necessary in the legal system of Lithuania. However, if there is a want for it to be applied effectively and efficiently, the lawmaker must fix such a regulation that it would become easier and simpler to use a class action institute than any other civil process institutes. |
