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THE EVIDENT MANIFESTATION OF ENVIRONMENTAL DAMAGE AS A REQUIREMENT FOR THE CIVIL COMPENSATORY ACTION BY ENVIRONMENTAL DAMAGE
The purpose of this paper is to analyze one of the budgets of the compensation action for environmental damage contemplated in Article 63 of Law 19,300: evident manifestation of environmental damage; aspect that presents difficulties at the level of interpretation of extralegal categories such as those represented in the phrase “evident manifestation” used in the legal text. This causes the need to analyze to what extent that factual representation called ‘manifestation of environmental damage’ can constitute a limitation when deciding a litigation in which the existence of the same is discussed. Subsequent legal modifications (law 20,600, for example, created by environmental tribunals) do not start the understanding of the concepts we propose in this work. Moreover, we argue that the evident manifestation requirement is not with respect to the action for environmental damage that is regulated by Law 20,600, but rather to the civil action for compensation of the damage that is still unharmed by Law 19,300. In fact, the modifications introduced to the procedure in the first law cited do not prevent the present analysis.
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SOME CRITICISMS TO THE COMMON LAW AND ESPECIALLY TO THE INCAPACITIES OF THE OLDER ADULT IN THE CHILEAN LAW
This work analyzes the old age, from the perspective of civil law and specifically from the capacity. In Chile there has been progress in the protection of the elderly from a public policy, but has not been the same concern with regard to older adults as subjects of law. The gaze of our legislation toward the elderly, from the capacity, is extremely limited and pays little respect for their individual rights. This conclusion can be reached after analyzing the rules governing the dementia –as a criterion for protection of the elderly and promotion of his diminished capacity–, and how it could be trying to achieve a greater autonomy in old age, through the regulation of the Civil Code, which shows how impotent in this regard.
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THE NEW PRINCIPLES OF FAMILY LAW
This paper presents a critical analysis of the new principles of family law, shows the influence of Human Rights in the great transformations of family law and especially in the configuration of its new principles. Insofar, a systematization of these principles is provided, and we propose to advance in their subject matter and identify their principal manifestations in positive law.
We propose as new principles of family law: the protection of the family, the protection of marriage, equity between the members of the family (spouse and children), the protection of the weakest in the family relationships (best interest of the child and weaker spouse), free will, and finally, the principle of minimum State intervention.
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