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Search Results
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BURDEN OF PROOF DEFEASIBILITY IN CONTRACTS LIABILITY: TOWARDS EVIDENCE EASINESS IN CHILE
This paper analyzes from the perspective of the legal reasoning theory the article 1698 of the Chilean Civil Code that contains the general rule on the distribution of the burden of proof. From Frederick Schauer’s conceptual framework –that understands the prescriptive rules as generalization with background justifications– I propose to demonstrate that the 1698’ distribution of burdens can be defeated. Here will be shown that there is case-law in which the 1698’ generalizations have no use for its background justification and, accordingly, the judges defeat its application. The impeditive and modification facts, in one hand, and the evidence easiness, in the other, are the main hypothesis of defeasibility on the burden distribution made by the article 1698 of the Civil Code.
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THE EFFECT OF RES JUDICATA UPON A CRIMINAL ACQUITTAL PURSUANT TO CHILEAN LIABILITY PROCEDURAL RULES
This article analyzes the breadth and limits to the application of Article 179 of the Chilean Civil Code of Procedure, which describes the res judicata effect of a criminal acquittal and dismissal, in which prevails the civil defendant’s constitutional right of double jeopardy over the victim’s interest in obtaining just and fair compensation. The prevalence can be found in reasoned analysis of the factual and dogmatic similarities between the elements of the criminal offense and the elements of the civil breach.
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EXTENSION OF RESPONSIBILITIES DERIVED FROM NOTARY INSTRUCTIONS AND LIABILITY OF NOTARY CIVIL BREACH
The present article pretends to demonstrate that the notarial instruction not only apply to the Notary where held, but also to his substitute, based on article 402 of the Organic Code of Courts. Therefore, as a result of the extension of responsibilities to non-compliance or default compliance of instructions, liability for defaulting notary is generated, regardless class ruled by contractual status. However, once special characteristics of the notarial function be attended, a concurrence (cluster) od responsibilities arise.
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