ACCESS TO JUSTICE IN URUGUAY - A SUMMARY (FROM ACCESS TO JUSTICE, VOL 1, 1978, BY M CAPPELLETTI AND B GARTH SEE NCJ-61132)

• NCJ Number: 61156
• Author(s): E VESCOVI
• Date Published: 1978
• Length: 13 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands
• Note: THIS SUMMARY WAS PREPARED BY BRYANT GARTH, APPROVED BY THE AUTHOR

Annotation

FACTORS AND PROCEDURES AFFECTING CITIZENS' ACCESS TO DISPUTE RESOLUTION MECHANISMS IN URUGUAY ARE DISCUSSED.

Abstract

PROCEDURES TO REDUCE URUGUAY'S LITIGATION COSTS WITHIN FORMAL COURT PROCESSING INCLUDE THE USE OF COURTS OF THE PEACE, EMPLOYING INFORMAL, INEXPENSIVE PROCEDURES INVOLVING SMALL CLAIMS; AN ABBREVIATED PROCEDURE FOR RURAL CONFLICTS; AND PROCEDURES FOR THE RESOLUTION OF CLAIMS FOR A LIQUIDATED SUM. JUVENILE COURTS AND LABOR COURTS ALSO CONTRIBUTE TO COST REDUCTIONS. GENERALLY, INDIGENTS ARE ENTITLED TO LITIGATE AT NO EXPENSE. ALTHOUGH PROVISION FOR PRIVATE ARBITRATION FURTHER REDUCES COSTS, IT IS GENERALLY USED ONLY WHEN BOTH PARTIES CONSENT BUT IS MANDATED FOR DISPUTES BETWEEN MERCANTILE SOCIETIES AND THOSE INVOLVING THE RENTAL OF COMMERCIAL SERVICES. DIVORCE LAW HAS ALSO BEEN MODIFIED TO SIMPLIFY THE PROCEDURE AND THUS REDUCE COSTS AND TRADITIONAL JUDICIAL PROCEDURES PERMIT JOINDER OF CLAIMS BROUGHT AGAINST A DEFENDANT BY ONE PLAINTIFF, PROVIDED CERTAIN CONDITIONS ARE MET. NO REFERENCES ARE INCLUDED. (RCB)