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The reception of the creation of unauthorized risks in chilean law, as a criterion for objective imputation, can it be distinguished from fault?
This paper explores the confluences between causality and fault. Once it is considered that causality is not satisfied only with material or factual criteria, and that it must necessarily be assisted with normative criteria, the doctrine has raised the confluence of fault and the creation of unauthorized risks, normative criterion of the imputation objective, of German origin. Based on this analysis, it is proposed to distinguish between commissive and omisive causality and it is proposed that, in both cases, fault operates as a mechanism to aid causality.
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Some reflections about unfair terms between business. A german model synthesis
No comparative purposes and as an essay, this paper presents a brief analysis of the German law on the control of unfair terms in contracts between business. In addition, it exposes the extensive interpretation of protection to small businessmen by the German courts and concludes explaining the criticism to this same trend and stating the reform proposals in this regard.
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FUNDAMENTALS OF GERMAN MEDICAL LIABILITY LAW IN THE FIELD OF AESTHETIC SURGERY
The German medical liability law makes a distinction between the responsibility for treatment mistakes and responsibility for lack of information. Interventions in aesthetic surgery is, as a rule, a medical practice when the physician is below the standard in force in the respective special field of aesthetic plastic surgery. However, in the case of lack of information liability (tort) is based on bodily injury, according to the jurisdiction of German courts is inherent in any medical intervention in body or health status of the patient. However, bodily injury is not considered unlawful if the patient, after having been duly informed, has given valid consent (informed consent). Informed consent, which the treating party should give evidence at trial, can justify the bodily injury. In the aesthetic operations it is of practical importance, above all, the responsibility for insufficient information on the risks of the respective intervention. If aesthetic surgery, as no medical indication occurs often, the requirements for patient information are particularly stringent. In this sense, the jurisdiction requires a extensive, intense and sometimes “thoughtless” information about imminent risks, in the case of offset to some extent the purely “aesthetic indication” by the qualified patient consent after extensive information (intensely informed consent ). If it is found that the information was insufficient, doctors and hospitals may be liable for damages and ordered to pay compensation for personal injury.
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CONFERENCIA EL PROCESO CIVIL POR RESPONSABILIDAD MÉDICA EN EL DERECHO ALEMÁN
Conferencia dada en Tokyo el 4 de abril 2017. Traducida por Álvaro Pérez Ragone, alvaro. perez01@ucn.cl.