Review article
https://doi.org/10.30925/zpfsr.46.1.13
On “Representation” in Litigation – Selected Issues
Iva Buljan
orcid.org/0009-0003-9802-2573
; Commercial Court in Zagreb
*
Eduard Kunštek
; University of Rijeka, Faculty of Law
* Corresponding author.
Abstract
The paper discusses some of the issues related to the procedural protection of the rights of a larger group of persons (collectivity, community, group, class) who have a claim against another party in the proceedings based on identical factual and legal grounds. In light of this, several questions are raised, focusing on the establishment of a common procedural framework for the protection of various protected collective rights, determining who is authorized to file a lawsuit in the name and on behalf of the group, the types of claims that can be set, and the effects of a judgment towards all members of the group - except for those who have declared that they do not want it (opt-out) or only for those who have expressly agreed (opt-in). Additional analysis delves into jurisdictional and procedural matters, the possibility of parties to obtain evidence from the opposing party in the procedure (disclosure), third-party financing of procedural costs, and (judicial) oversight of settlements reached in connection with the procedure for the protection of collective rights.
Keywords
protection of collective rights; representative action; active legitimacy; opt-in / opt-out
Hrčak ID:
330045
URI
Publication date:
15.4.2025.
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