Naslov
Kolektivna pravna zaštita u parničnom postupku
(Collective redress in civil procedure)

Autori
Poretti, Paula

Vrsta, podvrsta i kategorija rada
Ocjenski radovi, doktorska disertacija

Fakultet
Pravni fakultet

Mjesto
Zagreb

Datum
11.11

Godina
2014

Stranica
688

Mentor
Prof.dr.sc. Alan Uzelac

Ključne riječi
parnični postupak; kolektivna pravna zaštita; zaštita potrošača; suzbijanje diskriminacije
(civil procedure; collective redress; consumer protection; anti-discrimination)

Sažetak
Civil procedure usually serves for protection of individual subjective rights, which corresponds to its legal regulation in the organizational-competence and functional sense. Hence, in cases in which particular illegal action violates a public interest or rights and interests of members of large groups of individuals, remedy of an illegal status generated in such a way cannot be achieved following the rules of regular civil procedure. In such cases – as demonstrated by various historical-comparative experiences – implementation of special civil proceedings aimed at exercise of collective legal protection, i.e. proceedings requiring special regulation, has been deemed necessary. Those particularities refer to, above all, designation of the line of entities entitled for demanding repressivepreventive protection of collective interests and rights – direct holders of violated rights are not entitled to request such protection but this right is, in the principle, granted to a special circle of entitled persons. Besides, the primary purpose of such proceedings is not to provide direct protection of violated individual subjective rights but exercise of a general, public interest, i.e. of collective rights and interests of particular groups of legal entities, by application of special mechanisms of legal protection. The goal of this research is to investigate to what extent the organizational-competence and legitimacyfunctional specificities of the procedures for protection of public and collective interests in prominent legal systems, primarily American and German ones, are comparable to the procedures which have recently been introduced to the Croatian law by means of the institute of associational action and action aimed at protection of collective interests and rights as well as to provide an answer to the question whether or not appropriate legislative interventions (and in which sense) should be made in order to enhance the current Croatian regulation of the procedures for protection of public and collective interests and rights.

Izvorni jezik
Hrvatski

Znanstvena područja
Pravo

POVEZANOST RADA