"applied Procedure For Class Actions To Trials By Day Os Or Damages On The Quality Of The Constructions"


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"(Artículo único.-Modifíca_se el artículo 19 deel decreto con fuerza de ley N° 458, de 1976, Ley General de Urbanismo y Construcciones, deel siguiente modo: A) replace, in the first paragraph, the phrase"the final paragraph of article 18", by"previous item"."
(B) adding a third, new subsection worded as follows: "where the property in question share a same building permit and any faults or defects than those specified in the preceding article, apply the special procedure for protection of the collective or diffuse interests of consumers established in the 2nd paragraph of title IV of law No. 19.496 , with the following caveats: 1. shall have jurisdiction to hear these claims the judge of letters corresponding to the location of the property in question.

2. the number of consumers affected under a same interest referred to in point (c)) n ° 1 of article 51 of law No. 19.496 may not be less than 6 owners.

3 do not govern the provisions of articles 51 N ° 9, 52 and 53 of law No. 19.496.

4. allowances may extend to profits and moral damage. Both this and the kind and amount of additional damage suffered individually by each applicant will be determined according to subparagraphs second and third item 54 C of law No. 19.496. While it is substance the trial period shall be suspended to sue this damage.

5. the final judgment will produce effect with respect to all persons having the same interest. Those people who started them the final ruling but that they have not exercised the action may prove the common interest pursuant to subsection first item 54 C of law No. 19.496, prior payment of the proportion that corresponds them in personal and judicial coasts that have incurred the people who exerted the action.

6. in the case of not be there been the defendant, you may practice notice of demand pursuant to article 44 of the code of Civil procedure, in the home has been designated the owner first seller in the writings of sale and purchase agreements signed with the plaintiffs and, in case of being several, in any of them.

7 will accrue to the collective judgement the individual trials that have begun, unless in these you have quoted the parties to hear sentence.

8 accepted totally or partially demand coasts to the Party complained against shall be imposed and, if there are several defendants, the Court shall determine the proportion that must pay them.

9 shall be approved by the Court conciliation proposals to terminate the process made by the defendant, provided that they have the acceptance of the two-thirds of the plaintiffs, offered reasonable guarantees of the effective fulfillment of that contract, if they are not instant execution and obligations which do not contemplate discriminatory conditions for some of the actors.

10. in contracts that were perfected from the publication of this law will not be impediment to demand collectively that had previously informed commitment to arbitration, which shall be without effect the only made the presentation of the class-action lawsuit. ".".