In addition to compensation for loss, the investor wishes to have the securities acquired with his money handed over to him. According to Articles 400/401 OR he has an indisputable claim to this. If this is denied he has recourse to various processes under the law:
- Action for restitution
- Possibly: demand for payment (compensation for loss)
The legal and specialist questions are also complex. One should therefore expect a year long process, passing through all the courts. On many occasions trials are overtaken by the defendant’s insolvency.
Cost of legal action
Many investment swindlers are represented by top lawyers. In order to create equality of opportunity the aggrieved party must call on professional help. The costs of legal proceedings and lawyers are normally considerable.
- See also: Adviser errors?
- See also: Criminal law