The Legal Basis for the Class Action Lawsuit

Abstract

The civil judiciary is a required judiciary and not an automatic judiciary, that is, the civil judge does not take an act except based on a request submitted to it, and this request must be submitted in a written form called (the case), and in that the second article of the Iraqi Civil Procedure Law stipulates that: “A lawsuit is a person’s request for his right from another before the judiciary.” A class action lawsuit is a form of litigation, as it is a mechanism that allows a group of individuals who suffer from the same damage or harm to file a joint lawsuit against the responsible party, with one petition before the judiciary, where they can join the lawsuit, class action lawsuit automatically, without the need to obtain approval from the court or the responsible party.

This procedure is important in achieving a fair and prompt judgment, in addition to reducing expenses and avoiding issuance of different judgments against the defendant in the same case, and thus ensuring the smooth functioning of the judiciary, as the class action lawsuit is applied in many countries, and the application varies from one country to another.