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MASLÁK,
M.: Collective actions in consumer cases – terra incognita in The Slovak
Republic? The nature of the required claims, effects of decision, funding of
collective actions, reimbursement of legal costs and cross-border cases – Part
II.
Právny obzor, 100, 2017, č. 3,
s. 268 – 288.
Abstract. In the present
paper author deals with specific questions of consumer collective redress
mechanisms, especially in cases of compensatory collective redress. In each
chapter it is discussed some of these issues such as the nature of the required
claims (refrain from unlawful conduct, unjust enrichment, damages, financial
satisfaction), effects of res iudicata and right to propose enforcement of
decision by individual aggrieved consumer, funding of collective actions,
reimbursement of legal costs and finally the possibility of the future
development at EU level in this area. In The Slovak Republic it is considering
about adoption of legislation that will regulates collective redress mechanism
in comprehensive manner, whereas as present in The Slovak Republic it does not
exist compensatory collective redress. Because of possible abusing of collective
actions author proposes an appropriate system for The Slovak republic.
Key words:
collective redress mechanism, damages, funding of collective action, collective
action with cross-border element, res iudicata
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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