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THE REFORM 2.0 TO THE LAW OF SECURITIES IN FRANCE. OVERVIEW OF THE MAIN INNOVATIONS AND BRIEF REFERENCES TO THE PREVIOUS POSITIVE LAW
The purpose of this paper is to present the content of the recent and important reform to the French Law of Securities, as well as a brief overview of the previous law. The objective of the reform, carried out by means of Ordinance No. 2021-1192 of September 15, 2021, is none other than to complete and finalize that of the year 2006. For this, the legislator focuses on the modernization and simplification of a large part of the guarantees, thus contributing to the promotion of legal certainty, which is so essential in this matter. Indeed, being a fundamental pillar of the contemporary economy, credit rests largely on the idea of trust that the creditor deposits in terms of the chances of obtaining reimbursement. This objective is achieved, essentially, through the implementation of guarantees. At the end of this panorama, we will be able to judge whether or not the modifications introduced to the French legal system are capable of responding to the objectives of modernization, legal certainty and others that the authors of the reform have proposed.
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The right to adequate food in Chile and its necessary inclusion as a fundamental right in Chile’s new Constitution
Amid the process of constitutional reform in Chile, this article addresses the historical, factual and international human rights arguments that justify the incorporation of the right to adequate food as an autonomous right in the new Constitution. Subsequently, the body of this text assesses the impact of this new constitutional right on Chilean private law, especially regarding the consumer protection regime and the right to be informed. The text argues that, ultimately, a constitutional right to adequate food will allow to extend the current norms on truthful and adequate information for consumers, contributing to a better guarantee of other human rights intrinsically related to food, such as the right to health.
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LIMITATION OF ACTION AND BREACH OF CONTRACT
The French law of extinctive prescription, since 2008, establishes a double limitation system based on a subjective delay, starting with the beneficiary’s knowledge, plus a time limit. The application of this system to the remedies for breach of contract is not an easy task. One could say that the knowledge of a breach –or at least the possibility of such knowledge– fixes the starting point but this cannot be satisfactory from the point the view of the elements of each remedy. The same can be said regarding the maximum time limit.
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Case law on determining lex societatis of capital companies. From a spanish private international law perspective
The aim of this paper is to address the interpretation and scope of application of the article 9.11 of the Spanish Civil Code in order to determine the law applicable to legal persons, specially capital companies, and other issues such as their “nationality”, capacity to take part in legal proceedings, legal standing, responsibility or representation. This analysis will be done from a Spanish Private International Law perspective on the basis of a critical review of Spanish Supreme Court jurisprudence on this topic, which has had a key role on its development.
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UNFORESEEN EVENTS AND COVID-19: ON THE ROLE OF COURTS AND STATUES IN TIMES OF CRISIS
This article discusses the role of courts and legislators in the development of Chilean private law in the context a recent bill that seeks to enact the French théorie de l’imprévision in the Chilean Civil Code as a reaction to the economic effects of the COVID-19 crisis. On the one hand, it holds that the public discussion triggered by this bill has led to the emergence of a certain consensus regarding the convenience of accepting this theory, but that the most adequate path for this remains an open question. In this context and relying on elements of Comparative Law, Legal Theory and Law and Economics it argues that, in the Chilean case, the best route to bring this doctrine into the legal system is a legislative reform, but that the proposed bill does not have the technical depth required for it. On the other hand, it argues that general and unforeseen crisis, as that of the COVID-19, should be dealt by special emergency legislation, not by judicial or statutory general reforms aiming to introduce new legal paradigms.
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NON-JUDICIAL DIVORCES AND THEIR RECOGNITION IN CHILE
This commentary analyzes a recent exequatur that granted the subinscription in Chile of an administrative divorce obtained in Colombia, exempt from judicial control. It especially comments on the challenge posed for our jurisdiction to recognize a foreign non-jurisdictional act, in a matter where it has been legally understood that judicial control is indispensable to protect the public family order. The various problems that may exist due to the limits imposed by Chilean law to the recognition of these divorces obtained abroad and the solutions recently developed by the jurisprudence of the Supreme Court are discussed.