INPROFORUM 2017

Class Action Lawsuits as a Procedural Instrument of Consumer Protection
Zuzana Frantíková

Language: en
Last modified: 2018-04-10

Abstract


Class action lawsuits as a procedural instrument of consumer protection has become a principle topic of discussion after the publication of a bill prepared by the Ministry of Justice. The fundamental aim of the bill is to introduce a comprehensive and complete collective protection of individual rights that is absent in the existing legal Czech system. The procedural instrument called a class action enables to have one effective procedure where a larger number of claims based on the same or similar factual and legal basis are concentrated. This procedural concentration brings facilitation on both court and plaintiff's sides consisting mainly in time and financial savings. For the present the legal procedural system did not have any means at its disposal and that is the reason why every single claim is being considered and ruled separately. The motif of the new legal regulation is founded in the need of finding a new way how to weaken company's resistance in the acceptance for its responsibility while doing business. The aim of this article is to summarize the legal changes, the intention of this regulation and the consequences of it and to describe pros and cons with respect to the consumer protection.


Keywords


Class action; lawsuits; Procedural instrument; Consumer protection

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