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Search Results
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Ordinary possessory injunctions and the concept of possession in the civil code
The Supreme Court accepted an appeal on the merits and gave rise to a restitutory injunction through which the owner of real state asked that the use of a passage adjacent to her property be restored and it belonged in common to all the neighbors. On this passage there was a transit easement that benefited the good in common and was established in the neighboring co-owners. The Court considered that the restitutory injunction is aimed at recovering the material possession of a registered real estate of which the plaintiff has been deprived. With a divided vote, the compensation for damages requested by the plaintiff was rejected, because the damages claimed were not proven.
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Some notes on applicable jurisprudential trends to the regulation of arbitration established in the comprehensive treaty and progressive trans-pacific association (CPTPP / TPP-11)
This paper aims to provide an overview of the case-law trends of international investment tribunals, concerning the provisions governing the dispute resolution mechanisms for conflicts arising between investors and States in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. In particular, these notes address investment arbitration and are intended to provide notions regarding its preliminary requirements; the period of limitation of claims; waivers as a mechanism to ensure the exclusivity of arbitration; and; the possibility of Host States to file counter-claims.
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LINKAGE BETWEEN THE INJURED PARTY AND THE INSURER, BASIS AND REGIME: A PRIVATE LAW ISSUE
With Insurance Law reform, came the discussion about incorporation of direct action against insurer in non-compulsory liability insurance in Chile. The points of view were polarized in positions for and against, but a great part of the debate run from a distributive justice perspective. This work seeks to demonstrate that the reasons for linking the third party injured to the insurer, are reasons that respond to Private Law, that is to say, corrective justice reasons. The former gives parameters for the analysis of mechanisms that modify the privity of liability insurance contract. Likewise, it allows to understand more precisely which is the dogmatic meaning of the third party injured’s action to collect which, in the end, was incorporated in the national legislation, as it locates it as an option between two possible extremes (absolute privity or direct action). The understanding of the collect action recognized in national legislation in the context of other options, facilitates the labor of constructing its legal regime and, in particular, the exceptions system.
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IMPUTATION IN THE ABANDONMENT OF THE PROCEDURE AND INTERPRETATION OF ITS RULES
The paper analyzes a judgment issued by the Supreme Court in which the ma- jority vote, on the occasion of a judicial remedy, qualified the service of the decision that declared the evidentiary period initiated to only one of the parties, as a useful and suitable measure to interrupt the six-month period of Article 152 of the Code of Civil Procedure that regulates the abandonment of the procedure. In particular, the arguments put forward by the majority vote are examined, cha- llenging: i) The reference to the pro actione principle as a reason for restrictively interpreting the rules of abandonment of the procedure; ii) The use of the hy- pothetical suppression criterion in the analysis of the usefulness of an action; iii) The understanding that a greater number of parties in a procedure represents a reason to argue that there is no legal requirement to serve all the parties with the evidence resolution within a six-month period. Likewise, the consequences of sustaining the position of the majority vote are analyzed.
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SELF-REGULATION MODELS ADOPTED IN CHILE AS INSTRUMENTS TO IMPROVE GOOD CORPORATE GOVERNANCE: CRITICAL ANALYSIS AND PENDING CHALLENGES
Chile has followed the guidelines of the OECD with regard to the BGC, modifying part of the regulations and promoting “self-regulation” processes. The design and implementation of this tool has been in charge of the Regulatory Body (SVS/CMF), which has issued different general regulations (NCG) for this purpose (341 in 2012; 385 and 386 in 2015; and 461 in 2021). The results, so far, have shown the failure of those, with the exception of 461, whose results will only be visible from 2023. This allows us to analyze the underlying reasons for the current state, and then carry out a proposal for improvement considering the pending challenges. This article focuses on a legal analysis of this matter.
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THE ASSESSMENT OF THE FINANTIAL CONSUMER’S SOLVENCY AS A MANIFESTATION OF CONSUMPTION SAFETY AND ITS IMPACT ON THE CIVIL LIABILITY OF THE BREACH LENDER
This paper analyzes and reflects on the civil liability of the lender in case of breach of the duties circumscribed to the solvency assessment of article 17 N of the Consumer Rights Protection Act. To this end, the paper studies the nature of the duties established in the norm in its connection with consumer safety duty, and from there, determines the civil liability regime applicable to the case of non-compliance and the scope that this presents in some elements of the respective civil liability.