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ჯგუფური სარჩელი ამერიკის შეერთებულ შტატებში, გერმანიაში, საფრანგეთში და მისი დანერგვის შესაძლებლობები საქართველოში
Date Issued
2020
Author(s)
Institution
Publisher
Abstract
The 31st rule of Constitution of Georgia determines the fundamental right of citizens to access the court. This rule provides equal rights for persons to sue for violating their rights. The right to a fair trial is a supreme principle for all fields of law. Civil procedures have a conceptual contribution from the constitutional right described above.
The thesis is intended to explore class action as a device of civil procedure. The thesis itself tends to analyze and explain the legal nature of class action according to the Anglo American and European law systems. In a broad sense, group or class action include all kind of collective litigation forms. Joinder of parties as a legal institution is one of those class- action forms that persons can use jointly when their rights are violated. In this work, the author tries to discuss the main specifications of Joinder of parties and class action.
Georgian civil procedure system has not contained rules similar to the American model of the class action yet. The main reason why the class action legal institution is widely spread in many countries is to minimize the bureaucracy and support the safety of citizens. As a result, class action offers an unlimited number of persons getting a satisfactory settlement or judgment. On the other side, the class action procedure prevents large corporations from unfair conduct directly or indirectly.
Georgia became an independent state not a long time ago. The Law system and culture are still developing. It is vital to explore different experiences or law institutions worldwide and when it is inexorable to integrate the best choices to the Georgian legal system.
In the thesis, the author aims to put the light on some basic principles of civil procedure and underline the meaning of claim. The author will try to analyze the institution of the class action, how does it work in the United States of America, Germany, and France and what kind of future perspective can be contributed to Georgia will be the field of study as well.
The thesis is intended to explore class action as a device of civil procedure. The thesis itself tends to analyze and explain the legal nature of class action according to the Anglo American and European law systems. In a broad sense, group or class action include all kind of collective litigation forms. Joinder of parties as a legal institution is one of those class- action forms that persons can use jointly when their rights are violated. In this work, the author tries to discuss the main specifications of Joinder of parties and class action.
Georgian civil procedure system has not contained rules similar to the American model of the class action yet. The main reason why the class action legal institution is widely spread in many countries is to minimize the bureaucracy and support the safety of citizens. As a result, class action offers an unlimited number of persons getting a satisfactory settlement or judgment. On the other side, the class action procedure prevents large corporations from unfair conduct directly or indirectly.
Georgia became an independent state not a long time ago. The Law system and culture are still developing. It is vital to explore different experiences or law institutions worldwide and when it is inexorable to integrate the best choices to the Georgian legal system.
In the thesis, the author aims to put the light on some basic principles of civil procedure and underline the meaning of claim. The author will try to analyze the institution of the class action, how does it work in the United States of America, Germany, and France and what kind of future perspective can be contributed to Georgia will be the field of study as well.
Degree Name
Master of Law
Degree Discipline
სამართლის სამაგისტრო პროგრამა
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Shalva DZamaspishvili Samagistro 2020.pdf
Description
ჯგუფური სარჩელი ამერიკის შეერთებულ შტატებში, გერმანიაში, საფრანგეთში და მისი დანერგვის შესაძლებლობები საქართველოში
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353.45 KB
Format
Adobe PDF
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(MD5):582c2682a02dc388f2b71c624cf9958c