THE RIGHT OF ACTION IN COLLECTIVE PROCEEDINGS WITHIN THE CZECH CONCEPT

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Miroslav Sedláček
Simona Úlehlová

Abstract

The main goal of this paper is to explain the current idea of the right of action in the context of class actions, with a specific focus on the proposed Collective Actions Act. The main aim is to assess how the proposed law applies to the plaintiff’s position and the group members, especially when it comes to protecting their procedural rights and the main purpose of collective proceedings. The first part of the paper defines the role of a participant, particularly their legal standing in the doctrine of civil procedure. The next part defines what class actions are. In the conclusion, the paper explains how the right of action is modified in collective action proceedings and how this right is exactly defined in the proposed Collective Actions Act.

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