Search Results
Search Results
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The right of refund in the extrajudicial phase within the framework of the legal guarantee
This article analyzes how the right of reimbursement operates in the extrajudicial phase, in the case of non-conformity of the goods in the consumer sales. Through an endemic study carried out by an interview-questionnaire in some stores in Santiago, the reluctance to grant it to the requirement of this right by the buyer is verified, making other mechanisms prevail instead more convenient for the seller.
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THE PAR CONDICIO CREDITORUM RULE: MYTH OR REALITY OF BANKRUPCY? THE HISTORICAL ORIGINS OF THE RULE AND ITS EXPRESSION IN CURRENT BANKRUPCY LAW
the paper proposes a reflection on the rule of equality of the creditors in order to verify what is myth or reality about it in the context of the current bankruptcy law. For this purpose, he undertakes a study of the origins of the rule in Rome in order to unravel the dogmatic context in which he was born, concluding that the rule par condicio creditorum was not established as a rule of equalization of credits, but rather as an assurance similar opportunities for creditors in the insolvent debtor’s contest, by eliminating the rule prior in tempore, potior in iure. Assuming the validity of this premise, the author argues that the rule is not a myth but a reality that, with specific exceptions for certain creditors and in certain collective proceedings, receives numerous recognitions in the bankruptcy law and in the judgments of the courts.
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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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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.
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THE SCOPE OF APPLICATION OF THE VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS AND ITS INTEGRATION BY THE CHILEAN PRIVATE INTERNATIONAL LAW
This article analyzes some of the most controversial issues that have arisen before Chilean Courts with regard to the scope of application of the CISG and the filling of its gaps (in the absence of general principles) through the application of Chilean choice-of-law rules. The article reviews the decisions of Chilean Courts on the territorial and material scope of application of the CISG; the law applicable to fill its gaps, including the law applicable to agency, limitation periods, property of the goods, burden of proof and the right to withhold performance; as well as the possibility of opting out of the CISG and the effects of the article 96 reservation made by Chile.
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CHRISTIAN LARROUMET: UN HOMBRE SIN FRONTERAS
Hay personas que por la firmeza de su carácter y la pasión que imprimen a todas las actuaciones de sus vidas se imponen irremediablemente sobre todas las demás. Cuando, por azar, nos cruzamos en su camino, dejan en nosotros una marca indeleble, y sabemos que, de una u otra forma, siempre vamos a estar condicionados por la fuerza de sus ideas. Christian Larroumet es una de ellas. [...]