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Search Results
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LAW Nº 21334, ON DETERMINATION OF THE ORDER OF SURNAMES
The paper describes the content, structure and purposes of the recent law that allows modifying the order of surnames, either by administrative means (Civil Registry) or through the judicial procedure for changing names. Some critical comments are made as a tentative conclusion.
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UNFORESEEN EVENTS AND COVID-19: ON THE ROLE OF COURTS AND STATUES IN TIMES OF CRISIS
This article discusses the role of courts and legislators in the development of Chilean private law in the context a recent bill that seeks to enact the French théorie de l’imprévision in the Chilean Civil Code as a reaction to the economic effects of the COVID-19 crisis. On the one hand, it holds that the public discussion triggered by this bill has led to the emergence of a certain consensus regarding the convenience of accepting this theory, but that the most adequate path for this remains an open question. In this context and relying on elements of Comparative Law, Legal Theory and Law and Economics it argues that, in the Chilean case, the best route to bring this doctrine into the legal system is a legislative reform, but that the proposed bill does not have the technical depth required for it. On the other hand, it argues that general and unforeseen crisis, as that of the COVID-19, should be dealt by special emergency legislation, not by judicial or statutory general reforms aiming to introduce new legal paradigms.
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Property quality and consumer safety
The present commentary analyses the case Servicio Nacional del Consumidor con Inmobiliaria Francisco de Aguirre Limitada, in particular the judgments of the Court of Appeals and the Supreme Court on the occasion of the hearing of an appeal and, later, cassation on the merits; which dealt with the scope of application of Law No. 19,496 on the Protection of Consumer Rights. To this end, and after briefly summarizing the facts, we will explain the legal problem posed by the concepts of quality and safety and their relationship with the applicable regulations. In turn, we will present the arguments of the Court of Appeals and the Supreme Court in this regard, with special consideration of the dissenting vote of the Member Attorney Ms. Chaimovich on distinguishing the rights of safety from the quality of housing within the consumer relationship. With this, we intend to achieve an adequate understanding of the matters excluded from the law and the distinction between the rights it protects.
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JURISDICTION AND APPLICABLE LAW ON LIABILITY FOR CROSS-BORDER ENVIRONMENTAL DAMAGE: THE EUROPEAN UNION’S SYSTEM
The rules of private international law in the European context have evolved considerably since 1970. Such rules applied to trans-boundary pollution problems pose greater environmental and people protection because of the possibility to make use of favor laesi principle, which allows choosing the forum and applicable law of the place where damage originated or where damage occurred. however, Directive 2004/35/EC, which regulates the environmental or per se ecological damages, contains no enough rules of private international law producing a number of problems with the Regulations that discipline the competence and the law applicable to extracontractual civil liability cases (respectively, Brussels i and Romeii). This paper aims to identify and expose all these rules in an orderly manner to demonstrate the conflicts warned by the doctrine.