Abstract:
To study the concept and the character of the class action in common and civil law to look for appropriate adaptation to suit. The class action in common law is part of civil procedure. Individuals themselves can lead the class action under Judges through counsel and civil procedure while collective actions in civil law can be done by administrative agencies or associations for a specific group, under provisions and qualifications of rights of representative action of law of administrative agencies or associations. Civil law does not change any rules of civil procedure to allow collective action. The analysis of adaptation of the class action to Thailand found that, there are two limitations of adaptation of collective action in civil law. First, limitation is types of case to be tried under class action and second is the interpretation of law to initiate class action. The limitation of collective action in civil law can be resolved by applying the method under the class action in common law. The class action in common law is part of civil procedure, hence it can be used in any cases of civil actions. Moreover, individuals who lead the class action shall determine to initiate class action because they are real party in interest to initiate this action. The limitation of collective action in civil law can be rectified by the class action in common law. However, Thailand has been drafting civil procedure on the class action. The concept and the character of class action in common law is a model law for applying to draft the bill. I would like to recommend adaptation of class action in common law to Thailand as follows : (1) Stipulating minimum of numbers of individuals who can initiate class action. (2) Producing a plan for a workable method of advancing of the class proceedings and of notifying class members of the proceeding. (3) A ban on opt-out in the types of cases which would create a risk of inconsistent adjudications for defendants and class members or are to make injunctive relief to class. (4) Giving defendant the right to class action and the right to move for certification of plaintiff class. (5) Creating subclass for class proceeding when the question of subgroup are not the same as a group. (6) Recognizing contingent fees arrangement only in class actions under terms and conditions regulated by court and a governmental fund for disbursements in class proceedings. Waiving of cost and fees for class members even in unsuccessful cases should be clearly provided