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Search Results
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SUPPLEMENTARY FUNCTION OF CONTRACTUAL GOOD FAITH AND DERIVED DUTIES OF CONDUCT. AN ANALYSIS IN THE LIGHT OF MODERN CONTRACT LAW
This article, after identifying and referring to the institutional functions performed by contractual good faith, focus on the supplementary function and the derived duties of conduct. The first part of the work is devoted to the discussion regarding the disadvantages and disadvantages of recognizing a supplementary function to good faith. The second part, bearing in mind the content of various harmonization instruments, presents a non-exhaustive catalog of duties of conduct that could derive from the supplementary function attributed to good faith, making reference to its current or potential recognition in Chile.
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STUDY ON PRESCRIPTION AND LAPSE IN THE RIGHT CONSUMPTION
This paper aims to analyze the statute of limitations and expiration in the LPDC. This is an analysis comparing both figures doctrinal and addresses major problems of extinction of the civil action, which comes from contract or tort, and its relation to the action infraction. This analysis makes a study of the relationship between the two actions, the civil and infraccionales-and legal statutes that govern it. -
THE PRINCIPLE OF CONTRACTUAL BALANCE IN THE CHILEAN CIVIL CODE AND ITS PARTICULAR IMPORTANCE AS A FOUNDATION SOME INSTITUTIONS OF MODERN LAW OF OBLIGATIONS IN NATIONAL DOGMATIC
The present work aims to address the equilibrium of benefits contained in a contract as a manifestation of the commutative justice imperative, which projects at different moments during the contractual procedure, proposing its dogmatic construction from various legal precepts contained in the Civil Code, and demonstrate how its formulation allows justify the application of certain institutions introduced by the modern law of obligations and contracts, thus contributing to strengthen that dogmatic tendency which, in recent years, has aroused the interest of a prominent sector of the national doctrine.
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THE SYSTEM OF DAMAGE-LIMITING CLAUSES: INVENTORY AND PERSPECTIVES
Liability provisions in contract law have led to feverish debate in France. Initially, French law granted validity to provisions limiting or excluding liability even while barring such applications in the case of malicious intent or gross negligence. however, on October 22, 1996, the situation changed when the commercial division of the French Cour de Cassation handed down its ruling in the Chronopost case.
This article will review the current status of clauses restricting damages, the recent application of Chronopost jurisprudence and perspectives for the future of such provisions.
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COMPATIBILITY OF THE RESOLUTORY ACTION WITH THE CONVENTIONAL RESOLUTION
A legal problem related to the resolution of the contract is analyzed, which can be verified in a judicial and traditional modality that requires the exercise of resolutory action and, on the other hand, the conventional one, emanating from the agreement of the parties. Here the thesis of the compatibility of the resolution action in the modality of judicial resolution will be defended, even though a resolutory clause has been stipulated. The preference for compatibility is based on the assumption of the conventional resolution as a power available unilaterally to the creditor, who may decide not to exercise it and opt for the judicial resolutory action, which is understood to be incorporated in all bilateral contracts, unless there is an explicit clause that states otherwise.
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ILLEGAL UNDERINSURANCE AND CONTRA PROFERENTEM INTERPRETATION OF THE INSURANCE CONTRACT
This decision of the Corte de Apelaciones de Coyhaique is relevant from two points of view: on the one hand, it determines that the “replacement value” of the insured thing instead of its real value cannot be agreed as a parameter to determine a situation of underinsurance and the application of the Proportional Rule, as this would infringe the meaning of the mandatory rule of art. 553 of the Chilean Commercial Code. On the other hand, it constitutes an opportunity to appreciate a situation of incompatibility of clauses, a field of application of the rule of contractual interpretation contra proferentem. In both cases, the court considers the protection of the insured as paramount in determining the meaning of insurance law.