Search Results
Search Results
-
A contemporary perspective in the revision of power purchase agreement in light of unforeseen circumstances
In this article, we analyze the intrinsically variable and unforeseen behavior of the Chilean electricity market regarding power purchase agreements, emphasizing the transformation caused by the massive influx of non-conventional renewable energies since 2015. In this vein, on behalf of the unforeseen events theory and price adjustment or revision clauses, we study the parties possibilities to readjust their agreements in light of the new circumstances that arise after its conclusion.
-
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.
-
ON THE ADVANTAGES OF LIMITING THE EFFECTS OF THE DIVIDE BETWEEN DUTIES TO ACHIEVE A SPECIFIC RESULT AND DUTIES OF BEST EFFORTS ON THE ROLE AND BURDEN OF PROVING THE DEBTOR’S FAULT
The distinction between duties to achieve a specific result and duties of best efforts has given place to important uncertainties in Chilean law, particularly regarding the role and burden of proving the debtor’s fault. In part, these uncertainties are a consequence of the difficulties in reconciling the idea of duties of best efforts with the limit that Chilean law imposes between obligation and liability for breach of contract. After reviewing the position of case law and legal scholarship in this regard, this paper suggests that the recognition of duties of best efforts in Chilean law does not require to accept its alleged consequences in the role and burden of proving the debtor’s fault.
-
The unenforceability of the declaration of good family against third parties in respect of rights or actions that the spouses have in companies owning a property that is principal residence of the family
The present investigation aims to determine from when the declaration of good family is opposable to third party purchaser, especially with res- pect of the rights or actions that the spouses have in companies owning a property that be the primary residence (case referred to in art. 146.3°CC).
-
THE IMAGE, VOICE, AND DIGITAL REPLICAS OF ARTIST IN THE AGE OF GENERATIVE ARTIFICIAL INTELLIGE
This paper analyzes the impact of generative artificial intelligence (AI) on performing artists, focusing on the creation of digital replicas of their image and voice. This, because the technology generates synthetic content that challenges existing legal frameworks. Furthermore, it argues that the image and the digital replica are distinct legal assets that require authorization, compensation, and effective control for their use and disposition, and that current intellectual property, personality rights, and Right of Publicity regimes are insufficient. It also establishes a trend toward expanding protection to include imitation and likeness, beyond direct identification. Finally, it concludes that new regulations or modifications are required to address the autonomy of digital replicas and adequately protect the identity of performers in the AI era.