Más cara la lavada que la camisa: Un análisis de la legitimidad para obrar extraordinaria en los procesos de tutela colectiva con pretensiones indemnizatorias
The purpose of this research is to analyse, from an economic perspective, whether
it is efficient to grant extraordinary legitimacy to act in proceedings on behalf of a
collective group when claims for damages are sought. In this sense, the hypothesis
formulated is that not all collective protection proceedings should have the same
regulation in relation to the representative person of the community. In collective
rights proceedings or in proceedings where homogeneous it may be more efficient
for a member of the class, who is one of the affected parties, to represent the group.
After the investigation, it is concluded that the regulation of collective protection is a
challenging task and precisely because of its difficulty, the legal system should allow
the affected group to determine, from an effectiveness point of view, who should
represent them.Trabajo académic