DOI: 10.46340/eppd.2024.11.5.4
Sadkhan Madhloom Bahedh Alabid
College of Law, University of Thi-Qar, Thi-Qar, Iraq
Haider Ali Mizher
College of Law, University of Thi-Qar, Thi-Qar, Iraq
How to cite: Alabid, S.M.B., & Mizher, H.A. (2024). Dimensions of Litigation in Open Damages Lawsuit. Evropský politický a právní diskurz, 11, 5, 35-42. https://doi.org/10.46340/eppd.2024.11.5.4
Abstract
In its simple sense, the center of the dispute is the cause of interest or harm upon which one relies in filing a class action lawsuit. Privacy is achieved in a class action lawsuit because the multiple parties do not rely on the personal right in their class action lawsuit, even if they rely on this (personal) right to join it or accept the request. This joining is after the announcement and the second concept is the transfer of the position of the dispute from one party to another such as filing a lawsuit by a company or a competent authority after agreeing to finance the litigation. The third meaning of the collective lawsuit is the adoption of the lawsuit as a model (the central lawsuit) in that the focus of the claim is on the unit of the defendant, an employer such as factories, laboratories, and companies. This lawsuit is called a class lawsuit or a collective lawsuit, and it prevails between the classes of workers or employees who are bound by an employment contract. Collective or administrative contracts within the scope of an institution or business entities affiliated with the same employer whether it is a natural individual or a legal entity such as a production company. We sought to collect data on collective damages in Iraq and achieve employer unity to enhance the statistical value of collective damages by systematically considering statistical data and the extent to which these damages are realized or worthy of litigation.
The research aims to achieve the following scientific objectives: 1) explain the specificity of the litigation center in a collective tort lawsuit, the importance of financing, and the possibility of litigation turning into a subject for trafficking or speculation; 2) determine the judicial process in the Anglo-Saxon countries and compare it with Iraqi law.
Keywords: class action, model suit, litigation financing, adversarial, interference, request to join, collective tort, relativity of damages, commercial litigation, speculation in litigation.
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