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ABOUT THE ARTICULATION BETWEEN THE LEGAL GUARANTEE AND THE VOLUNTARY GUARANTEE IN THE CHILEAN CONSUMER LAW: CONCURRENT TERM AND RESIDUAL TERM
The deficient legislative technique used by the LPDC to regulate the conformity guarantee regimes, has implied the emergence of various interpretative doubts, among which is the eventual extension of the term of the legal guarantee –and its effects– to all temporary effectiveness of a possible voluntary guarantee.
A systematic reading of the LPDC and its liability statutes lead to a negative response, supported on the basis of its internal rationality and the interpretation of the rules of guarantees, in line with those that establish duties of information and publicity.
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Three issues of Law Nº 19,496 in a single case: the applicability to micro and small companies; the independence of infringement action from the compensation action and the expiration period of the legal warranty
This paper aims to exhibit three issues that have risen in Consumer Law as a result of the enforcement of Law Nº. 19,496 by our Courts of Justice. First, the enforcement of the protective statute by micro and small companies against their suppliers under the terms of Law No. 20,416. Second, the close dependency or autonomy between infringement liability and compensation, particularly under the hypotheses by which legal warranty operates. Lastly, the expiration period that characterizes the legal warranty as opposed to the general statute of limitations periods set forth in Article 26 of Law No. 19,496.
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The implications of the integrating function of good faith with respect to the obligation to deliver in the contract of sale: subversion, restriction and warranty
In light of an obiter dictum issued by the Supreme Court regarding the scope of the seller’s obligation to deliver, this work seeks to determine the legal implications of integrating, through the principle of good faith under Article 1546 of the Civil Code, the obligation to transfer ownership in the contract of sale. The central thesis is that such integration, as proposed by the Court, subverts the general rule concerning the scope of the seller’s obligation, restricts the regime of eviction, and transforms the obligation to deliver into one of warranty.
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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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CREDITOR PROTECTION RULES IN UNDERCAPITALIZED LIMITED LIABILITY COMPANIES. CRITICAL ANALYSIS AND A PROPOSAL OF SOLUTION
This paper focuses on determining if it is possible (and desirable) to construe an implicit duty to adequately capitalize a company as a counterbalance for the limitation of the liability of the shareholders, especially when many compared legal systems have been increasingly deactivating the protective function of the capital toward the creditors. Even though creditor protection rules may be required in order to confront the shift of the risk toward them that such limitation imposes, we claim that this argument may only stand as long as it is supported by the existence of fiduciary duties of the shareholders and the management in favor of the creditors, mid or not by the debtor company, and that such duties arise from the proximity of the insolvency in undercapitalization scenarios. Nevertheless, the efficiency of the legal solutions structured over such implied duties may be questioned considering that, on the one hand, the security function of the capital has been diminished, and, on the other, that the economic science has not reached an agreement on the proper composition of the capital, so that legal certainty may be threatened by the said responses, destroying the justifications of the limited liability rules based in their social benefits.
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