29 May Class Action Lawsuits Lawyers Argentina Attorneys
Class Action Lawsuits Lawyers Argentina Attorneys
Class Action: An Overview of its validity in Argentina
What is a Class Action in Argentina?
A class action is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but several countries with civil law, like Argentina, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. However, the Argentine statutory law does not provide for a specific procedure for class, group or collective claims. It does, however, recognize these types of claims in the Argentine Constitution by granting standing to defend “rights with collective effects” to affected individuals and certain institutions. Similar provisions exist in the Consumer Protection Law No. 24240 and the Environmental Law No. 25675. Class Action Lawsuits Lawyers Argentina Attorneys
Rights and Liabilities
Actually, where the parties interested in the suit are numerous, their rights and liabilities are so subject to change and fluctuation by death or otherwise, that it would not be possible, without very great inconvenience, to make all of the parties, and would oftentimes prevent the prosecution of the suit to a hearing. For convenience, therefore, and to prevent a failure of justice, a court of equity permits a portion of the parties in interest to represent the entire body, and the decree binds all of them the same as if all were before the court. In fact, the legal and equitable rights and liabilities of all being before the court by representation, and especially where the subject-matter of the suit is common to all, there can be very little danger but that the interest of all will be properly protected and maintained.
But class actions do much more than simply address the situation of “too many plaintiffs” to litigate a case manageable. In fact, the justifications that led to the development of the class action include several aspects. For example, the protection of the defendant from inconsistent obligations. Also, the protection of the interests of absentees. Additionally, the provision of a convenient and economical means for disposing of similar lawsuits. And last, the facilitation of the spreading of litigation costs among numerous litigants with similar claims.
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