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SOME CHALLENGES IN APPLYING ARTICLE 2519 OF THE CHILEAN CIVIL CODE. A SYSTEMATIZATION OF THE CURRENT STATE OF AFFAIRS
The purpose of this article is to examine the provisions of article 2519 of the Chilean Civil Code, specifically focusing on the interruption of prescription in cases involving multiple parties, and addressing the unique considerations that arise in the context of exchange obligations and non-contractual solidarity
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Case law on determining lex societatis of capital companies. From a spanish private international law perspective
The aim of this paper is to address the interpretation and scope of application of the article 9.11 of the Spanish Civil Code in order to determine the law applicable to legal persons, specially capital companies, and other issues such as their “nationality”, capacity to take part in legal proceedings, legal standing, responsibility or representation. This analysis will be done from a Spanish Private International Law perspective on the basis of a critical review of Spanish Supreme Court jurisprudence on this topic, which has had a key role on its development.
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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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The incompatibility of the remedies against the “prestación irrisoria” according to the ecuadorian Commercial Code
The new Commercial Code enshrines the prestación irrisoria for the first time in our legal system. Its purpose is to ensure that the obligations that each contractual party acquires are symmetrical. Nonetheless, the Code offers three incompatible consequences should the contract have a prestación irrisoria: absolute nullity, resolution and adapting the contract. For that reason, we propose that the adequate consequence for a prestación irrisoria should be the relative nullity, since that solution is compatible with the adaptation of the contract.
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THE INEFFICACY APPLICABLE TO THE ACTS CARRIED OUT BY THE REPRESENTATIVE WHOSE MANDATE HAS EXPIRED AND THE PROTECTION OF THIRD PARTIES IN GOOD FAITH
This commentary contains a critical review of a decision by the Supreme Court about the kind of inefficacy applicable to contracts carried out by an agent whose mandate had expired. The Court concluded that the absolute nullity for lack of will should be applied, and not the unenforceability of the acts. At the same time, this commentary analyzes the omission in the decision regarding the application of the protection of good faith of third parties which is contained article 2173 of Civil Code. Finally, some projections are made about the place that the nullity and the unenforceability occupy inside of a general theory of ineffective contracts.
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IMPUTATION IN THE ABANDONMENT OF THE PROCEDURE AND INTERPRETATION OF ITS RULES
The paper analyzes a judgment issued by the Supreme Court in which the ma- jority vote, on the occasion of a judicial remedy, qualified the service of the decision that declared the evidentiary period initiated to only one of the parties, as a useful and suitable measure to interrupt the six-month period of Article 152 of the Code of Civil Procedure that regulates the abandonment of the procedure. In particular, the arguments put forward by the majority vote are examined, cha- llenging: i) The reference to the pro actione principle as a reason for restrictively interpreting the rules of abandonment of the procedure; ii) The use of the hy- pothetical suppression criterion in the analysis of the usefulness of an action; iii) The understanding that a greater number of parties in a procedure represents a reason to argue that there is no legal requirement to serve all the parties with the evidence resolution within a six-month period. Likewise, the consequences of sustaining the position of the majority vote are analyzed.