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THE COMMITTED INTEREST IN THE DECLARATION OF ABUSIVE TERMS AS JUSTIFICATION OF THE ACTION FOR THE GENERAL INTEREST
This article will demonstrate that SERNAC can bring an action for the general interest against abusive clauses. The basis is the interest involved in the declaration of abusiveness. The effect of the action is an infringement conviction, the nullity of the stipulation, and the cessation of the supplier’s conduct.
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STANDING TO SUE OF THE PUBLIC PROSECUTOR’S OFFICE TO CLAIM ABSOLUTE NULLITY IN THE INTEREST OF MORALITY OR THE LAW
Among the subjects entitled to request the declaration of absolute nullity of an act, article 1683 of the Civil Code mentions the public ministry. This legitimation presents two interpretative difficulties; the first one, that the former can act “in the interest of morality or the law”, which is usually opposed to a pecuniary interest; on the other hand, that the latter has evolved in terms of organic structure, content and powers. Given these difficulties, two theses can be put forward; the first, aims to conclude that the Public Prosecutor’s Office has lost such powers; the second, which this work defends, is that it maintains them. For these purposes, the modifications experienced by the Public Prosecutor’s Office are analyzed and arguments are made to give practical use to said article.
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BETWEEN CONFIDENTIALITY AND DISCLOSURE. THE CONTOURS OF THE DUTIES OF THE BOARD OF DIRECTORS OF A PUBLIC COMPANY RELATING TO INFORMATION ABOUT BUSINESS ACQUISITION TRANSACTIONS
This article examines the confidentiality and disclosure duties imposed on directors of publicly traded companies in the context of negotiations to acquire a target. It analyzes how directors must balance their obligation of confidentiality, rooted in the need to prioritize the corporate best interest, with mandatory disclosure rules, founded on the general interest in the proper functioning of the securities market. This article argues that, while the rule is to maintain confidentiality to protect the shareholders’ interests, there are exceptions requiring disclosure of certain events in contexts where safeguarding the securities market outweighs the general protection of corporate interests guiding the directors’ decisions. Additionally, the counter exceptions of “confidential information” arise in situations involving significant risks to corporate interests, thus returning to the general rule of confidentiality.
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BEST INTEREST PRINCIPLE THE AFFECTIVE FACET AND ITS RELATIONSHIP WITH AUTISM SPECTRUM DISORDER AS CRITERIA FOR THE RESOLUTION OF REQUESTS FOR CHILDREN AND ADOLESCENTS TO LEAVE THE COUNTRY
This commentary analyzes a judgment of the Second Family Court of San Miguel, which was confirmed by the Court of Appeals of San Miguel, which decided to deny the authorization for three minor children to leave the country for France in the company of the custodial mother. For the above, the affective bond with the noncustodial father and the autism spectrum disorder of one of the children were considered, especially the language difficulties that could exist for the realization of their therapies, which were already being carried out in Chile. Along with this, the holistic and integral nature of the best interest principle and the need to bear the burden of proof in relation to the benefit derived from leaving the country with respect to the children is addressed.
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TRANSITION FROM LIBOR TO SOFR: IS THE LATTER TRULY A SECURED RATE? CHALLENGES IN INTERNATIONAL FINANCIAL MARKETS
From LIBOR’s cessation date, different firms and financial institutions were forced to seek a new benchmark in which the market could trust, without manipulation or undue deviation. This transition occurred by turning into rates that are based in real transactions, such as SOFR rate in our region. Nevertheless, critics affirm that SOFR is and will be the new best and secured alternative for the market, many risks and legal problems that arise due to its incorporation will need to be addressed by parties since there is no international hard law regulation. In order to understand the factors that originated the LIBOR to SOFR transition and identify the fortresses and weaknesses of the studied rate, the most relevant background within the national and international legal framework is explained. SOFR’s characters are presented and analyzed with its collateral, its volatility, and its capacity to become the new benchmark for financial markets. Finally, the legal consequences of the LIBOR to SOFR transition are exposed, identifying the risks that contracting parties must take into account when choosing it as their preferred benchmark.
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PUNITIVE DAMAGES, ESPECIALLY TO PROTECT THE COLLECTIVE OR DIFFUSE INTEREST OF CONSUMERS
This paper studies critically the punitive damages regulated by law n.° 19496, with the objective of detect and evaluate the positive and questionable aspects of its regulation in the framework of consumer protection, through a dogmatic methodology based on regulations, bibliography and national and foreign jurisprudence, which allows a qualitative analysis of such sources in order to present and elaborate the hypothesis, theoretical frame- work, reflections and conclusions. In sections i and ii, a theoretical framework is formulated, represented by an approach to punitive damages on the basis of national and comparative backgraunds, through the spe- cific study of their nature and function, and it application in Chile by reviewing the discussions that have taken place in this regard, particularly regarding the alleged problems of constitutionality and the reparatory nature of civil liability. The hypothesis is that the regulation of punitive damages in the aforementioned law is positive because it contributes to sanctioning, deterring and preventing serious supplier misconduct, but questionable with respect to the regulation of its quantification; aspects that are developed in section iii.