มาตรา 222/34 — กรณีถือว่าอายุความไม่เคยสะดุดหยุดลง

คำแปลภาษาไทย

Where prescription has been interrupted by reason of section 222/33, if any of the following occurs, prescription shall be deemed never to have been interrupted:
(1) the court renders a final judgment dismissing the claim;
(2) the court orders the cancellation of the class action;
(3) the court orders the striking out of the case by reason of withdrawal of the plaint;
(4) the court dismisses the plaint by reason that the case is not within the court's jurisdiction, or without prejudice to the right of the group members to file a new case;
(5) a group member withdraws from group membership under section 222/16, section 222/29 or section 222/30.
In the cases under (2), (3), (4) and (5), if it appears that the prescription period for the filing of a claim by the group members expired during the consideration, or will expire within sixty days from the date on which the judgment or order became final, the group members shall have the right to file a case to establish evidence of their claim or to obtain payment of the debt within sixty days from the date on which the judgment or order became final or from the date on which the group member ceased to be a group member, as the case may be.
The provision in paragraph two shall apply in the case where any group member is refused a request for payment of the debt on the ground that he is not a group member according to the judgment, because the court rendered judgment prescribing the specific characteristics of the group differently from the specific characteristics of the group as ordered when permitting the class action under section 222/12 paragraph two, whereby such member shall have the right to file a case from the date on which the order refusing the request for payment of the debt became final.

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