Search Results
Search Results
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LIMITATION OF ACTION AND BREACH OF CONTRACT
The French law of extinctive prescription, since 2008, establishes a double limitation system based on a subjective delay, starting with the beneficiary’s knowledge, plus a time limit. The application of this system to the remedies for breach of contract is not an easy task. One could say that the knowledge of a breach –or at least the possibility of such knowledge– fixes the starting point but this cannot be satisfactory from the point the view of the elements of each remedy. The same can be said regarding the maximum time limit.
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ON THE MANAGER OF A CLOSELY-HELD CORPORATION THAT ACCEPTS JUDICIAL DISSOLUTION
This paper delves into a case where a corporation faced a judicial dissolution lawsuit filed by two shareholders, pursuant to section 105 of Law No. 18,046 on Corporations. The company’s manager yielded to the lawsuit. However, both the lower and appellate courts dismissed his submission, ultimately rejecting the claim. Subsequently, the Supreme Court nullified all proceedings due to a lack of proper summons. The analysis of these judicial decisions sheds light on the repercussions of breaching bylaws’ restrictions on share transfers and underscores the importance of the chair of each shareholders’ meeting in announcing the resolutions adopted. Furthermore, this paper explores the issue of passive standing in relation to judicial dissolution, emphasizing the need to safeguard the rights of non-suing shareholders.
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GOOD FAITH IN THE CONSTRUCTION OF IMPLIED TERMS IN CONTRACTS
This paper aims to show that the role that the principle of good faith plays in the construction of implied terms in contract law can be elaborated into more precise and concrete rules in statutory law, custom and precedents. This is to be established through a careful analysis of relevant statutory law, contractual usages and judicial decisions. To be sure, these sources are hierarchically ordered such that, facing a contractual gap, a judge must apply first statutory provisions and contractual usages, before relying on his own judicial powers to imply a contractual term. This means, it is contended, that when judges exercise their power to fill contractual gaps, they are also filling gaps in statutory law and, therefore, they are not only constructing a particular contract but contributing to the development of the law of contracts more generally.
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PUNITIVE DAMAGES, ESPECIALLY TO PROTECT THE COLLECTIVE OR DIFFUSE INTEREST OF CONSUMERS
This paper studies critically the punitive damages regulated by law n.° 19496, with the objective of detect and evaluate the positive and questionable aspects of its regulation in the framework of consumer protection, through a dogmatic methodology based on regulations, bibliography and national and foreign jurisprudence, which allows a qualitative analysis of such sources in order to present and elaborate the hypothesis, theoretical frame- work, reflections and conclusions. In sections i and ii, a theoretical framework is formulated, represented by an approach to punitive damages on the basis of national and comparative backgraunds, through the spe- cific study of their nature and function, and it application in Chile by reviewing the discussions that have taken place in this regard, particularly regarding the alleged problems of constitutionality and the reparatory nature of civil liability. The hypothesis is that the regulation of punitive damages in the aforementioned law is positive because it contributes to sanctioning, deterring and preventing serious supplier misconduct, but questionable with respect to the regulation of its quantification; aspects that are developed in section iii.
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CROSS-BORDER DIVORCES AND INTERNATIONAL JURISDICTION: THE SPANISH SUPREME COURT DOCTRINE
International divorces are becoming more frequent every day. In many cases, there is a special interest for the parties in litigating before the courts of a certain State; the “forum shopping” mechanism is acquiring special relevance in order to obtain the most favorable forum, in particular regarding the applicable Law. Currently the main rule for international jurisdiction in the European Union is founded on Regulation 2201/2003. Its section 3 contains a wide number of grounds of jurisdiction for this purpose. The application of this Regulation has displaced the Spanish internal rules (section 22, Organic Act on the Judiciary 1985). Concerning the application of the mentioned Regulation, the Supreme Court has addressed some controversial issues related to the determination of the international jurisdiction of Spanish courts on divorces.
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THE SCOPE OF SAFETY DUTIES’ BREACH IN MASS EVENTS: A VIEW FROM CONSUMER LAW
This paper aims to delve into the scope of safety duties’ breach by mass events organizers. Considering that massive shows’ trend is becoming more common in Chile and they represent a source of potential risk for attendees, this research analyzes mass events from a consumer law perspective. While being a topic omitted by Chilean doctrine, this paper focuses on the relationship between mass events and the consumer protection law, pointing out the specifications related to mass events’ safety duties. Furthermore, this article put the emphasis on the actors involved (legal and material consumer as well as the intermediary and real supplier) and the contract which confirms this relationship. The breach of safety duties’ scope gains importance when analyzing the diverse liabilities depending on the type of supplier. Finally, the means of exoneration for suppliers are exposed.