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CHALLENGES IN THE IMPLEMENTATION OF CIVIL LIABILITY UNDER THE ARTIFICIAL INTELLIGENCE BILL OF LAW (MESSAGE No. 063-371)
This article analyzes the civil liability regime proposed in Chile’s Artificial Intelligence Bill, submitted to the Chamber of Deputies on May 7, 2024. This paper intends to analyze the civil liability regime proposed in Articles 28 and 29 of the Bill while assessing its compatibility with the supplementary regime of the Civil Code and other extra-contractual liability frameworks applicable to technology providers. The analysis focuses on the regulation of fault in the Project. The study suggests that, although innovative, the bill requires adjustments to avoid contradictions and improve clarity in its practical application, both nationally and in relation to international legal frameworks.
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THREE REASONS TO UTILIZATION THE EFFICIENCY ON BANKRUPTCY PROCEDURAL LAW
In this article, I shall explore three reasons why Bankruptcy Procedural Law is one of the normative subsets in which the considerations of efficien- cy in economic analysis of law are applied. To that end, I shall concentrate on the examination of the need to pay outstanding debt obligations which results from bankruptcy proceedings. With regards to this, bankruptcy procedural law seeks to increase existing wealth in order to satisfy these needs. In this context, bankruptcy procedural law avails of a series of instruments which seek to increase the debt pool; likewise and where essential, it observes the rules of receivables (only where necessary to deal with the problem of collective proceedings on the part of creditors in which insolvency can result), and finally, it allows the justification of efficiency in the preferences of those who participate in bankruptcy proceedings.
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La excepción de contrato no cumplido frente a la destrucción parcial de la cosa arrendada. Corte Suprema, 3 de marzo de 2020, rol n.° 3.660-2018
Una de las cuestiones más espinosas que plantea el derecho de los contratos es la relación entre las disposiciones generales, tales como aquellas establecidas en el título “Del efecto de las obligaciones” (libro 4o, título xii del CC), y aquellas que el legislador dispone para cada contrato en particular. El caso objeto de este comentario pone de manifiesto este problema en el contexto del arrendamiento, particularmente en la hipótesis de perecimiento parcial de la cosa arrendada y la omisión del arrendador de proceder a su reparación, lo que motivó al arrendatario a suspender el pago de las rentas asilándose en la llamada excepción de contrato no cumplido del art. 1552. El rechazo de dicha excepción por parte de la Corte Suprema ofrece una interesante perspectiva de análisis sobre los límites del art. 1552 y sobre la lógica detrás de la regulación especial en materia de arrendamiento frente al deterioro de la cosa arrendada. (...)
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NON-JUDICIAL DIVORCES AND THEIR RECOGNITION IN CHILE
This commentary analyzes a recent exequatur that granted the subinscription in Chile of an administrative divorce obtained in Colombia, exempt from judicial control. It especially comments on the challenge posed for our jurisdiction to recognize a foreign non-jurisdictional act, in a matter where it has been legally understood that judicial control is indispensable to protect the public family order. The various problems that may exist due to the limits imposed by Chilean law to the recognition of these divorces obtained abroad and the solutions recently developed by the jurisprudence of the Supreme Court are discussed.
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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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CONTRACT WHICH BENEFITS THE AGENT AND THE ABUSE OF AUTHORITY BASED ON THE (PRESUMED) INTENT OF THE PRINCIPAL
This commentary analyses the case of an agent who takes advantage of the wide scope of the mandate in order to obtain personal benefit at the expense of the principal. Instead of admitting that such acts fall under the text of the contract, the Supreme Court resorted to the presumed intent of the principal, according to which the latter would have not agreed to such unfavourable terms. Although such criterion contributes to tackle frequent cases of abuse of authority, the reference to a presumed intent is too vague and involves a risk for legal certainty. This commentary recommends instead to separate the cases where the agent carries out a poor business within the scope of the mandate from those in which the text those faculties are exploited in bad faith to his or her own advantage.