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DUSTING OFF THE CIVIL CODE. ABOUT SERNAC’S EXECUTIVE RESOLUTION ON THE INCORPORATION OF DELIVERY DATES OF REAL ESTATE PROJECTS IN OMMUNICATIONS PRIOR TO THE SIGNING OF PURCHASE AND SALE PROMISES
Sernac’s Executive Resolution No. 277, issued on April 21, 2025, addresses the inclusion of delivery dates for real estate projects in communications prior to the signing of preliminary sales agreements. This article offers acritical analysis of the interpretative ruling, highlighting both its strengths and its conceptual ambiguities and normative limitations. It examines the legal nature of SERNAC’s circulars and rulings, their limited normative scope and legal effects, as well as the contractual consequences of breaching preliminary real estate agreements. The discussion also considers the role of Chilean civil law and, in particular, the application of Article 1554 of the Civil Code in promises subject to indeterminate conditions. The article concludes that, although the ruling reinforces certain valuable consumer protection elements, Sernac has missed a meaningful opportunity to clarify –more precisely and with greater technical rigour– the scope of real estate suppliers’ obligations.
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“ANY PARTY MAY TERMINATE THE SERVICE AT ANY TIME”. A STUDY ON THE BASIS AND SCOPE OF APPLICATION OF ART. 2009 OF THE CHILEAN CIVIL CODE
This work analyzes the foundation and scope of the rule of unilateral termination without cause (ad nutum) as stated in Article 2009 of the Chilean Civil Code, within the context of the “lease of intangible services”. This rule, frequently invoked in practice, has received limited doctrinal attention. The study reveals that, contrary to widely held beliefs, the rule is not based on the prohibition of perpetual obligations or the alleged intuito personae nature of the contract, but rather on the nature of the service for which the rule was designed.
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INDEMNITY CLAUSES AND THE IMPLICATIONS OF THE PROHIBITION TO CONDONE FUTURE MALICE IN ECUADORIAN CIVIL LAW
Indemnity clauses are agreements that are frequently inserted in contracts between sophisticated parties. They have been imported into civil systems because they are effective tools for risk allocation and future contingency mitigation. One of their categories is the covenant by which the beneficiary remains indemnified from damages caused to third parties, even if they have acted with fraud or gross negligence. However, Article 1481 of the Ecuadorian Civil Code prohibits the remission of future fraud. Based on this, the validity of this type of clause has been questioned for supposedly falling under such prohibition. This paper examines whether indeed the stipulation entails forgiveness of future fraud or, on the contrary, if both figures have elements that differentiate them from each other. In this way, the possibility of accepting the validity of the clause will be proposed.
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ON THE OPP ORTUNITY TO CLAIM THE ABANDONMENT OF THE PROCEDURE: THE CRITERION OF THE THIRD CHAMBER OF THE SUPREME COURT
Classic doctrine and jurisprudence understand that the abandonment of the procedure has no time limit for its filing, as long as an enforceable judgment has not been ruled on. Thus, the general rule on the time limit for the filing of incidents, set out in Article 85 of the Code of Civil Procedure, is not applicable to it. However, a series of rulings handed down by the Third Chamber of the Supreme Court have changed this approach. Based on an argumentative evolution, which began with an argument of procedural good faith, this Chamber has considered that the rule of article 85 of the Code of Civil Procedure is applicable to the incident of abandonment of the procedure. The aim of this paper is to show this evolution and to give an account of the problems of interpretation that can arise when considering this rule applicable.
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THE DIES A QUO IN THE PRESCRIPTION OF ACTIONS FOR BREACH OF CONTRACT IN THE CIVIL CODE
In this paper, the thesis of the computation of the period of the extinguishing prescription of the contractual indemnity action from the breach, in accordance with the provisions of article 2514 of the Civil Code, is defended and justified, since enforceability refers to the performance object of the contract, which is consistent with the existence of a single action for contractual breach to which the different contractual remedies, including compensation for damages, give content.
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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