Chile

• Author: Carla López,Martín Gubbins
• DOI: 10.1177/0002716208328284
• Published date: 01 March 2009
• Date: 01 March 2009
• Subject Matter: Articles

68 ANNALS, AAPSS, 622, March 2009

Since 2004, class actions have been permitted for con-

sumer claims. Claims may be brought by the National

Consumer Service, which may intervene in any claim

brought by groups of individuals and associations. The

rule is opt in.

Keywords: class actions; Ley no. 19,955; consumer

protection

Overview of Chile’s Legal System

Chile’s litigation system, as part of the

Continental Law tradition, is based on laws

issued by the Congress and decrees drafted by

executive powers rather than court decisions.

The Civil Code establishes as a general rule the

relative effect of judgments, so they can only be

enforced with regard to the case concerned, and

the consequences will only extend as far as the

parties in that case.1Class actions in Chile under

the Consumer Act enable matters “to be dis-

cussed in one sole proceeding before a civil judge

in such a manner that the case in court reaches all

of the persons whose rights have been affected,

even though they were not party to the litiga-

tion.”2This alters the general rule that all legal

judgments only have relative effects.

Overview of Public Debate

regarding Representative or

Group Litigation

The original 1997 act did not grant complete

protection. “What really happened was the system

did not function properly in all sectors of the

Chile

By

MARTÍN GUBBINS

and

CARLA LÓPEZ

Martín Gubbins is a partner of Estudio Correa

Gubbins, Santiago, Chile, and an invited lecturer at

Universidad de Chile.

Carla López is a corporate assistant of Estudio Correa

Gubbins, Santiago, Chile.

DOI: 10.1177/0002716208328284