Search Results
Search Results
-
THE FOUNDATION OF THE EXTINCTIVE PRESCRIPTION
The author makes a general theoretical study about the institution of the extinguishing statute of limitations and concretizes his analysis in punctual aspects of the legal regimes of Chile, Colombia, France, Argentina and Uruguay.
-
REVIEW OF ATTRACTIVE SEATS FOR INTERNATIONAL COMMERCIAL ARBITRATION: A COMPARATIVE ANALYSIS OF THE REGULATORY FRAMEWORKS IN SWITZERLAND, FRANCE, U.K., U.S., SPAIN, CHINA AND CHILE
This article provides a comparative analysis of UNCITRAL model law, Chile’s regulatory framework and those of the world’s leading seats for arbitration (Switzerland, France, U.K. and U.S) as well as those of two emerging countries in the field (China and Spain). The study seeks to identify key provisions in international commercial arbitration and situates Chilean regulation in that context. The analysis sheds light on Chile’s opportunities and threats as it seeks to bolster its role as a seat of arbitration and the steps the country needs to take in order to consolidate its place on this particular international stage.
-
A CONCEPTUAL APPROACH BETWEEN THE DAMAGE AND ITS IMPORTANCE IN THE DIES A QUO OF THE STATUTE OF LIMITATION IN THE TORTS DAMAGE ACTION. A NECESSARY PROPOSAL REGARDING OF ARTICLE 2235 OF THE ECUADORIAN CIVIL CODE
In Ecuadorian Law, article 2235 of the Civil Code offers an answer regarding the accounting for the statute of limitations in the action for torts. However, the rule generates a discussion when certain cases are not covered or protected by the classical interpretation. The foundational interpretative rule understands that the calculation of the prescription must be from the verification of the wrongful act, understanding that the act has been perpetrated there. Nevertheless, this provision does not contemplate all types of damage, specifically hidden damage, and continued damage. This generates a conflict between the rule of the Torts Law that all damages must be compensated against the security in the legal relationships that the Statute of limitation seeks. Therefore, it is necessary to delimit the concept of compensable damage to understand and know how these types of damages have been conceived according to their consummation in time from an Ecuadorian conception. Accordingly, it will be possible to analyze the statute of limitation and how it has acted in case law and comparative law. In which, there is already a solution that determines the beginning of the statute of limitation in each case of hidden damage and continuing damage. In this way, a current solution will be proposed for the calculation of the statute of limitation in Ecuador.
-
ACQUISITIVE PRESCRIPTION OF CONTINUOUS PREDIAL SERVITUDES OF ANY KIND. RE-INTERPRETATION OF ARTICLE 882 OF THE CIVIL CODE
The doctrine and jurisprudence, in accordance with the provisions of article 882 of the Chilean Civil Code, have traditionally held the impossibility of acquiring discontinuous easements through by acquisitive prescription. This work points out the problems generated by this position as well as the misunderstanding on which is based, from the common law, and afterwards included in the French civil code and in the rest of the nineteenthcentury civil codes who followed the later. Likewise, this paper analyzes the alternative interpretations existing in the comparative law and their possible application in Chile in order to overcome the misunderstanding, notwithstanding the legislative amendments that have allowed the elimination of the error. Finally, in order to avoid the application of a provision which leads to erroneous results, this work proposes a reinterpretation of the article 882 and exhibits its legal basis.
-
Compensation of “pure” emotional distress claimed by secondary victims. A comparative overview of english and french law. case comment: chilean Supreme Court, january 24, 2019, n° 38037-2017
Moving away from the traditional cases dealing with death or injury of the primary victim, the Chilean Supreme Court compensated the non-pecuniary losses suffered by the wife and children of a man who was wrongly accused of being the author of a crime in the evening news emission of a national television broadcaster. A review of the current framework of protection given to honour and reputation will be useful to assess the structure of the compensation of non-pecuniary losses, distinguishing between normative and consequential ones, as well as highlighting to what extent “pure” moral losses are redressed. Additionally, the limitations imposed by other jurisdictions such as English and French law will be outlined, focusing on both the cases where secondary victims can claim such losses, as well as the restrictions imposed on the class of persons who can make such claims. All this will expose how the Chilean legal system shows signs of being one of the most liberal of the world regarding the breadth of the compensation of non-pecuniary losses, this being only one example among many others.
-
PERSONAL CARE ROOTED IN THE SYSTEM OF DIRECT AND REGULAR CONTACT? THE IMPORTANCE OF INTERNATIONAL AND COMPARATIVE LAW
within the realm of Chilean law, the difference between having the right to personal care and the right to a system of direct and regular contact seems to be clear and evident. however, such difference varies in the light of the hague Convention on the Civil Aspects of International Child Abduction. Those variations will be analyzed in this paper, which highlights the inadequate case law practice in Chile.