Class action and its necessary national regulation in Argentina.

Abstract

This article about collective actions as an institute that was expressly included in the Constitution of Republic Argentina in the constitutional reform of 1994 and still requires regulation in civil and commercial procedural codes as legal frameworks. The analysis focus on requisites of admission of collective actions as collective procedures. First, presents the rules of collective procedures. In second place, the study of the rules of class actions in the United States. Thirdly, the rules of collective actions in the Ibero-American Model Rules for Collective Process. Then focus on the collective procedures incorporated in the 23rdarticle of the Constitution of Republic Argentina, the precedent of the Supreme Court of Justice case “Halabi”, the Civil and Commercial Code of the Republic Argentina and the current situation of collective actions and litigation of collective conflicts. Finally, present reflexive conclusions.