Search Results
Search Results
-
ON THE GENERAL PRESUMPTION OF GUILT FOR ONE’S OWN DEED WITH REGARD TO ARTICLES 2314 AND 2329 AND CHILE’S “IMAGINARY CIVIL CODE” (II)
The article provides a critical review of doctrine and recent jurisprudence that interprets the rule contained in subsection 1 of Article 2329 as a general presumption of guilt for one’s own deed, based on a historic and dogmatic review of Articles 2314 and 2329 of the Civil Code. The author concludes that this understanding and interpretation is not grounded in the dogmatic context in which said provisions are conceived.
-
INSURABLE LIABILITY UNDER CHILEAN LAW
This paper is aimed at reviewing synthetically the kinds of liability which can be insured in domestic law, thereby outlining a concept of “insurable risk” for this particular form of insurance. For this purpose, the first section expounds the types of liability which are not insurable or which are generally excluded from the most commonly used policies (fines, contractual obligations, penal clauses, and liability for breach of contract under certain circumstances). The second part contains a detailed analysis of the forms of tort liability which can be insured in Chile (for own deeds, for another’s acts, for the facts of things, and strict liability).
-