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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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The air transport contract and the emergency by COVID-19: the chilean aeronautical statute front the cancellation of flights by force majeure and the reactivation of post-pandemic air traffic
The Coronavirus health emergency has paralyzed or slowed down an important part of economic activities, including passenger air transport, causing the cancellation of flights, which translates into a case of contractual breach of the carrier against the passenger. In order to address what response is followed by our legislation against a cancellation due to a force majeure –assuming that the pandemic by COVID-19 is one–, this paper pretends, first of all, resolve the issue regarding the regulations applicable to the air transport contract. Later, the general hypotheses of non-performance of the air transport contract by non-execution of the trip in the agreed terms, and what rights does the passenger have against said non-compliance. Next, the options of the passenger facing a flight canceled by force majeure, and the effects that the latter produces in the contract are discussed. Finally, are analyzed the duties and obligations of the air carrier once the activity has been reactivated, and the liability that it bears for an eventual contagion.
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ON THE POSSIBILITY OF STAKEHOLDERS TO DEMAND THE PERFORMANCE OF SUSTAINABLE CLAUSES CONTAINED IN CONTRACTS BETWEEN BUSINESS AGENTS
Companies incorporate sustainability clauses in commercial contracts with other business organizations, in order to implement long-term social responsibility in business operations. These provisions generally do not grant sufficient coercive power for their enforceability, and, furthermore, make reference to external third parties (stakeholders) who may be affected by the commercial operation. This study aims to determinate if it is possible to reinterpret the stipulation in favor of a third party and the opposability of contracts by third parties in Chilean contract law to provide effectiveness to sustainability clauses regarding those who are not party to the agreement but are benefited by their observance. Accordingly, the hypothesis of this research is that stakeholders, as third-party beneficiaries of contractual clauses incorporated in the field of corporate sustainability, may enforce them as this allows for the achievement of the contract’s purpose or claim damages in the field of tort liability, as they are recognized a legitimate interest in CCS’ fulfillment.
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THE CONCEPT OF SUBORDINATION AND ITS EXPANTION: FUNCTION AND CONTENT IN THE DETERMINATION OF THE EMPLOYMENT CONTRACT
The idea of labor subordination has experienced a significant expansion throughout the history of legal thought. First, in the past, regarding its legal function, there has been a shift from a role of control to one of protection. Second, in the present, there has been a transformation in its content, transitioning from a disciplinary form to a virtual one. This evolution marks a movement from control characterized by its anatomical, topical, and procedural nature to one defined by its virtual, atopic, and reputational dimensions.
This article examines these transformations to assess their impact on Chilean labor law and analyze the challenges this concept faces as a central category in labor law for determining the subjects protected by its norms.
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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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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.