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PROCEDURAL CONSEQUENCES OF THE TERMINATION OF LEGAL ENTITIES: CRITICAL REVISION AND PROPOSALS FOR SOLUTIONS IN CHILEAN LAW
Legal entities governed by private law can be terminated according to the rules of civil and commercial legislation; However, the civil procedural law does not regulate the consequences when said termination occurs while the legal person is party to a proceeding. The doctrine and comparative legislation propose as solutions the procedural succession for some cases, or, the final termination of the process for the inexistence of a procedural requisite. This paper analyzes the relevance of these solutions.
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The misleading advertising: a problem of provider excusability or consumer recognoscibility?
The purpose of this work is to address what some of the judgments of our courts have come to call erroneous advertising in order to determinate whether, in fact, we are facing a new advertising category or, on the contrary, it constitutes the negative face of advertising misleading. The method used has been to review the judgments of the Santiago Courts of Appeal that have alluded to it between the years 2015 to 2018, critically analyzing them, based on excusability of the supplier’s error and its recognoscibility by the consumer, nothing that we are not faced with a kind of advertising other than misleading and that the use of it is unnecessary, a matter that affects The scope of Law 19.496 on the Protection of Consumer Rights, since there being a supplier error, recognized by the supplier there is no trust to protect, so civil law must to returned to.
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Two differences between the chilean and french approaches to unjustified enrichment?
This paper reviews the position of Chilean case law and legal scholarship regarding unjustified enrichment. It identifies two ways in which recent case law and legal scholarship depart from their traditional position based on French law and explores some of the issues these developments could raise. It argues that the provisions on unjustified enrichment recently introduced to the French Civil Code may help dealing with the challenges imposed by an institution which has traditionally received little attention in Chilean law.
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CROSS-BORDER DIVORCES AND INTERNATIONAL JURISDICTION: THE SPANISH SUPREME COURT DOCTRINE
International divorces are becoming more frequent every day. In many cases, there is a special interest for the parties in litigating before the courts of a certain State; the “forum shopping” mechanism is acquiring special relevance in order to obtain the most favorable forum, in particular regarding the applicable Law. Currently the main rule for international jurisdiction in the European Union is founded on Regulation 2201/2003. Its section 3 contains a wide number of grounds of jurisdiction for this purpose. The application of this Regulation has displaced the Spanish internal rules (section 22, Organic Act on the Judiciary 1985). Concerning the application of the mentioned Regulation, the Supreme Court has addressed some controversial issues related to the determination of the international jurisdiction of Spanish courts on divorces.
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Tercería de prelación y prueba del hecho negativo. Corte Suprema, 3 de diciembre de 2019, rol n° 12.044-2019
En el presente trabajo se analiza la sentencia pronunciada por la Primera Sala de la Corte Suprema con fecha 3 de diciembre de 2019, en la causa rol n.° 12.044-2019, referida a la exigencia de aportación de prueba por parte del tercerista de prelación.
El fallo resulta de gran relevancia por cuanto la decisión considera que, sobre el tercerista de prelación, en su calidad de demandante, pesa la carga de probar que se cumplen los requisitos establecidos en el art. 2478 del Código Civil en afinidad con el art. 527 del Código de Procedimiento Civil. (...)
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JURISDICTION AND APPLICABLE LAW ON LIABILITY FOR CROSS-BORDER ENVIRONMENTAL DAMAGE: THE EUROPEAN UNION’S SYSTEM
The rules of private international law in the European context have evolved considerably since 1970. Such rules applied to trans-boundary pollution problems pose greater environmental and people protection because of the possibility to make use of favor laesi principle, which allows choosing the forum and applicable law of the place where damage originated or where damage occurred. however, Directive 2004/35/EC, which regulates the environmental or per se ecological damages, contains no enough rules of private international law producing a number of problems with the Regulations that discipline the competence and the law applicable to extracontractual civil liability cases (respectively, Brussels i and Romeii). This paper aims to identify and expose all these rules in an orderly manner to demonstrate the conflicts warned by the doctrine.