Search Results
Search Results
-
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.
-
THE ENTIRE AGREEMENT CLAUSE OR INTEGRATION CLAUSE IN THE CHILEAN LAW OF CONTRACTS
This paper deals with the entire agreement clause in the Chilean law of contracts. It argues that the entire agreement clause has the function of promoting legal certainty, by precisely defining the terms and conditions of the contract based on the intention of the parties. The legal effect of the clause is to limit the declarations, promises and binding agreements to what is stated in the text of the signed contractual document, depriving all preliminary and contemporary communications to the signing of the contractual document of legal effect to integrate the terms and conditions of the contract. It further argues that the entire agreement clause has no impact on the criteria for contractual interpretation, on the implications of an implied term, on liability for misrepresentation, and on future variations or modifications of the contract. Lastly, it is argued that the clause is generally valid in the Chilean law of contracts, except in consumer law.
-
The implications of the integrating function of good faith with respect to the obligation to deliver in the contract of sale: subversion, restriction and warranty
In light of an obiter dictum issued by the Supreme Court regarding the scope of the seller’s obligation to deliver, this work seeks to determine the legal implications of integrating, through the principle of good faith under Article 1546 of the Civil Code, the obligation to transfer ownership in the contract of sale. The central thesis is that such integration, as proposed by the Court, subverts the general rule concerning the scope of the seller’s obligation, restricts the regime of eviction, and transforms the obligation to deliver into one of warranty.
-
CONTRACT AT PARTS BETWEEN THE OWNER AND THE CREW OF AN ARTISANAL FISHING VESSEL
The paper analyzes the judgment in a case in which the owner and the crew of an artisanal fishing vessel entered what the General Act of Fisheries and Aquaculture calls a “contract or partnership at parts”. The plaintiff crew brought an action for enforcement of this contract, requesting that the shipowner be ordered to pay the difference of a final liquidation of the fishing for several seasons, as well as its share in the sale of the catch quota to a third party. The commentary highlights the difficulties raised by the distinction between contracts which distributes a percentage of the profit of the business between parties, and partnerships, as well as the (contingent) place of legal entity in the latter.
-
IS IT POSSIBLE TO APPLY THE ECONOMIC ANALYSIS OF CONTRACT LAW AND CONSUMER LAW?
This article aims to justify the application of the L&E, both to Chilean contract law and consumer law, through the principles of good faith and consumer protection, respectively. This work highlights the application of the principle of efficiency as a relevant criterion in contract matters, and above all, in relation to consumer law. Although the justification for the application of the L&E to contracts and consumer law is the same, its application is different. In this way, the L&E would be applied to contract law through the principle of good faith, or the theory of general clauses, recognizing the principle of efficiency as a contractual principle, and to consumer law through the principle proconsumer.
-
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.