NCJ Number
61138
Editor(s)
O MAIRA,
T TODD
Date Published
1978
Length
25 pages
Annotation
LITIGATIONS COSTS AND STATUTORY PROVISIONS FOR REDUCING SUCH COSTS IN CHILE ARE DISCUSSED.
Abstract
ACCESS TO CHILEAN COURTS CAN BE DISCUSSED ONLY IN A FORMAL SENSE, SINCE, IN PRACTICE, ACCESS TO THE COURTS AS A MEANS OF GUARANTEEING STATUTORY RIGHTS IS CURRENTLY IMPOSSIBLE IN CHILE. LITIGANTS IN CIVIL ACTIONS ARE LIABLE FOR NUMEROUS COSTS, TOTALLING AN AVERAGE OF ABOUT $367, WHILE A TYPICAL FAMILY OF FIVE IN CHILE HAD A MONTHLY INCOME OF $30 IN 1975. MECHANISMS DO EXIST WHICH REDUCE COSTS BY PROVIDING SPECIAL OR SIMPLIFIED PROCEDURES WITHIN THE ORDINARY COURTS FOR CERTAIN CATEGORIES OF DISPUTES, SUCH AS SPECIAL COURTS FOR LABOR PROCEEDINGS, JUVENILE CASES, AND LOCAL POLICE PROCEEDINGS. ATTORNEYS ARE OFTEN NOT REQUIRED IN MANY DISPUTES BROUGHT BEFORE THESE SPECIAL COURTS. A RULE APPLICABLE TO ALL CIVIL PROCEEDINGS AUTHORIZES THE JUDGES TO SUMMON PARTIES TO A CONCILIATION HEARING AND SUGGEST THE BASIS FOR SETTLEMENT, THEREBY SETTLING A DISPUTE OUTSIDE OF COURT WITH THE USE OF A BINDING LEGAL AGREEMENT. IN AN EFFORT TO HELP LITIGANTS, CERTAIN COSTS NORMALLY ASSIGNED TO PLAINTIFFS ARE WAIVED. CHILEAN LEGISLATION DOES NOT GENERALLY RECOGNIZE MECHANISMS FOR RESOLVING DISPUTES IN FORUMS OUTSIDE THE FORMAL JUDICIAL SYSTEM. RESOLUTION OF DISPUTES INVOLVING GROUP, COLLECTIVE, AND PUBLIC INTERESTS IS NOT RECOGNIZED UNDER CHILEAN LAW, UNLESS GROUP INTERESTS CAN BE INSTITUTIONALIZED IN A JURIDICAL PERSON SEPARATE AND DISTINCT FROM OTHER MEMBERS OF THE GROUP. FOOTNOTES ARE PROVIDED. (RCB)