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Search Results
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THE SOUNDNESS OF FREE WILL AS A FUNDAMENTAL PRINCIPLE OF CHILEAN CONTRACT LAW
Faced with the question of the foundations of the binding effects of contracts, the free will principle dominates the Chilean dogmatic analyses as the cornerstone of contract law. Despite its ascendancy, this traditional approach hides methodological and substantive tensions that ultimately compromise its ability to comprehend contemporary contractual practice correctly, especially as it seeks to account for contract law as a whole. In this regard, this paper pursues a double objective: to expose these tensions from a dogmatic perspective and to explain in what sense the methodological commitments this approach assumes require, at least, reconsideration. -
THE WORLD TURNED UPSIDE DOWN: SHAREHOLDERS AGREEMENTS, RESTRICTIONS TO FREE TRADEABILITY OF SHARES AND THE REFORM TO THE SECTION 14 OF THE CORPORATIONS ACT’S REFORM
The reform of section 14 of the corporation’s act was an inexplicable backward movement in corporate governance, as it modified the effect of the lack of registration of shareholders agreements which restrict the free tradeability of shares. This effect changed from absolute nullity to lack of efficacy. The understanding of how this reform impacts the corporate governance system, requires to relate three aspects:
– the legal shaping of shareholder agreements in corporations and close corporations;
– the different roles played by these agreements in the formers and
– the grounds of corporate and capital market regulation in this regard.
This work offers criteria to make this relation, from which is obtained as result that a systemic construction of corporate and capital markets rules, affords to elaborate a construction of the reform that is in accordance with the requirements of transparency and investor protection.
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THE NEW PRINCIPLES OF FAMILY LAW
This paper presents a critical analysis of the new principles of family law, shows the influence of Human Rights in the great transformations of family law and especially in the configuration of its new principles. Insofar, a systematization of these principles is provided, and we propose to advance in their subject matter and identify their principal manifestations in positive law.
We propose as new principles of family law: the protection of the family, the protection of marriage, equity between the members of the family (spouse and children), the protection of the weakest in the family relationships (best interest of the child and weaker spouse), free will, and finally, the principle of minimum State intervention.
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APPLICABILITY OF THE CHILEAN CONSUMER RIGHTS LAW TO THE INFLUENCER’S PUBLICITY
This document presents a critical appraisal regarding the application of the Chilean Consumer’s Rights protection Law (No. 19.496) to the so-called “opinion leaders” commonly known as influencers. To that end, the consumer relationship is described in its purest form, constructed between the supplier and the consumer, where the first one provides goods or services to the second, with the peculiarity that, in the object of the analysis, the consumer got seduced or -better yet- influenced by the actions of the “opinion leaders”. The author proceed to examine specific consumer rights applicable to this topic, such as the right to be free to choose (article 3° letter a); the right to a truthful and timely information (article 3° letter b]) and the ones related to prevent a correct false advertising (article 28). Subsequently, supported by the review of national and international legislation, authors and case studies, the document continues to configure specific obligations for the suppliers and influencers to comply according to the standards of their professions and its duties as the stronger part of the consumer relation that allows to assign civil or infractional responsibility, as appropriate. Finally, the document concludes exploring the actions prescribed by the law for nonobservance or non-compliance with said analyzed obligations.
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THE AUTONOMY OF DAMAGES IN THE RECENT NATIONAL CASE LAW: A PARADIGM SHIFT?
The current work aims to tackle the autonomy of damages compensation for breach of contract within the current national precedent, by analyzing, systematizing and determining the pertinence of the premises and arguments that have been cited by the national courts to hold autonomy damages against breach of a debtor, getting away from the judicial reasoning which, for decades has postulated that this remedy could only be demanded as an accessory action or remedy, concurrent or supplementary to the aspiration of specific performance remedy or termination of contract.