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which is not included within the scope of partial action shall be subject
to prescription and the interest accrued for that part may be claimed only
as from the date of amendment, if that part is claimed by the way of
amendment.
As a result, the partial action shall not be exercised very frequently and
prevalently following the entry into force of the New TCPC and may be
filed only in the cases where the claim amount is divisible and the amount
is not controversial between the parties or is not clearly identifiable.
Collective Action (Class Action)
The New TCPC brings the possibility to file a “collective action”.
Article 115 of the New TCPC is as follows:
“The associations and other legal persons, within the framework
of their status, may file lawsuits in order to protect the rights
of its members or of the sphere that they present, for their own
names, to determine the rights of relevant persons or to eliminate
the illegal situations or violation of the future rights of relevant
persons.”
According to this article, in the event that several persons are affected
by a violation, a sole lawsuit shall be filed for all these persons rather than
separate lawsuits for each individual. Consequently, not only the legal
person but also all individuals within this collective group shall benefit
from and shall be influenced by the result of the lawsuit. The decision
rendered in the end of collective action shall also be used as a precedent
judgment in future individual lawsuits that may be taken.
As a result, the collective rights and social utility shall be preserved
by collective action.