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Search Results
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PROCEDURAL ISSUES RELATING TO THE LEGAL CLAIM AGAINST A PARTIAL EXPROPRIATION
This research analyzes the main procedural issues raised by the exercise of actions aimed at expanding the expropriation act, regulated in Article 9, letters b) and c) of Decree Law No. 2.186, the Organic Law on Expropriation Procedure, with particular emphasis on the treatment given to them by case law.
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JUDICIAL CONFESSION AND BURDEN OF PROOF IN LAW 20.009, WHICH LIMITS THE LIABILITY OF PAYMENT METHODS PROVIDERS AND USERS
This paper analyzes the judgment issued by the Illustrious Court of Appeals of Santiago on May 6, 2025, in case number 2737-2022, originating in the Second Local Police Court of Las Condes, referring to the determination of the liability of payment method providers in relation to possible fraud contemplated in Law 20.009.
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LEGAL PROVISIONS ON INTERPRETATION OF CONTRACTS: RULES OR MERE ADVICE?
This article addresses an old debate concerning the pragmatic dimension of legal provisions on contractual interpretation. The article uses a case decided in a dissenting manner by the lower courts and the Supreme Court as a common thread. It follows from our analysis that those provisions would not be rules (in a strong sense of bindingness), nor mere advice (in a sense of permissions), but they belong to the category of interpretation standards, that do not impose a result but a burden of justification, whether they are used or not. This form of understanding explains, prima facie, the Supreme Court’s power to modify decisions in cassation on the merits, and urges to deepen on what we understand by breach of law and error.
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Three issues of Law Nº 19,496 in a single case: the applicability to micro and small companies; the independence of infringement action from the compensation action and the expiration period of the legal warranty
This paper aims to exhibit three issues that have risen in Consumer Law as a result of the enforcement of Law Nº. 19,496 by our Courts of Justice. First, the enforcement of the protective statute by micro and small companies against their suppliers under the terms of Law No. 20,416. Second, the close dependency or autonomy between infringement liability and compensation, particularly under the hypotheses by which legal warranty operates. Lastly, the expiration period that characterizes the legal warranty as opposed to the general statute of limitations periods set forth in Article 26 of Law No. 19,496.
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MANUFACTURER VS. SELLER LIABILITY UNDER ARTICLE 23 OF THE CONSUMER RIGHTS PROTECTION LAW
This paper will examine the current state of the system of product liability in Chile. In absence of law that regulates the fabricant’s liability, will discuss the general rules of the chilean private law. In lack of treatment in a civil case law on the subject, as there are product liability judgments, will investigate whether through the consumer law would be possible to pursue fabricant’s product liability. The hypothesis of this work is that under article 23 of consumer law it is possible to reach the joint responsibility of the manufacturer and seller.