The Enforcement and Clearing of the Collective Claims in the Chilean Class Actions Consumers Proceeding

Abstract

The execution of consumers collective judgments are often complex in view of the initial indeterminacy of the compensation amounts and of those affected who can request reparation. Therefore, the tools required for these purposes in the Civil Procedure Code alone are insufficient, without an adequate regulatory framework specifically provided for the liquidation and subsequent execution of both convictions and the so-called specific structures in the area of collective rights and diffuse. The aforementioned then justifies updating mechanisms such as the fluid recovery, which guarantees that the compensation goes to the individual reparation of affected consumers or in subsidy, to meet some other objective established by law.