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Search Results
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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.
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SUSTAINABLE CONTRACTUAL CLAUSES AS A WAY FOR SMALL AND MEDIUM-SIZED ENTERPRISES TO BECOME A DRIVING FORCE FOR SUSTAINABILITY IN GLOBAL SUPPLY CHAINS
In the modern world, contracts favour social purposes by providing a good setting for the regulation of sustainability. Within this framework, this article points out the inequality in bargaining power between lead companies and their suppliers that has hitherto not been extensively explored in the literature. This is emphasised by transnational laws, whose focus is on the role of buyers for the implementation of sustainability in global supply chains. Thus, suppliers, usually small and medium-sized enterprises, are mere rule followers, which could make them vulnerable. It is postulated here that is possible to overcome this by bottom-up activities – that is, the negotiation of sustainable contractual clauses including the input of small and medium-sized enterprises, and compromises by the parent company in capacity-building for them. This implies a repurposing of the contract, bringing small and medium-sized enterprises to the centre and making them aware of their power and co-responsible for the spread of sustainability. Buyers should be amenable to this change since it would allow production according to their values, opening their reach to potential new markets and also complying with law, which is more stringent every day in terms of sustainability. This rationale is complemented in the article by examination of a real case and a consideration of the anatomy of a sustainable contractual clause according to these suggestions.
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IMPACT OF LEGAL REGULATION OF SAME-SEX COHABITING COUPLES ON MARRIAGE REGULATION IN LIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS’ CASE LAW
This paper aims to show how the existence of a legal figure that recognises and protects de facto unions between persons of the same sex influences the legal regulation of marriage, specifically with regard to its openness to same-sex couples. To do so, it carries out a systematised analysis of the jurisprudence of the European Court of Human Rights on the rights to private and family life, to marriage and to found a family, and the prohibition of discrimination, and contrasts its foundations with the results of the Chilean Constitutional Court in the two cases decided before Law No. 21.400 on equal marriage, in relation to the recognition of same-sex unions.
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CONTRACT AT PARTS BETWEEN THE OWNER AND THE CREW OF AN ARTISANAL FISHING VESSEL
The paper analyzes the judgment in a case in which the owner and the crew of an artisanal fishing vessel entered what the General Act of Fisheries and Aquaculture calls a “contract or partnership at parts”. The plaintiff crew brought an action for enforcement of this contract, requesting that the shipowner be ordered to pay the difference of a final liquidation of the fishing for several seasons, as well as its share in the sale of the catch quota to a third party. The commentary highlights the difficulties raised by the distinction between contracts which distributes a percentage of the profit of the business between parties, and partnerships, as well as the (contingent) place of legal entity in the latter.
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LA RELACIÓN DE CAUSALIDAD EN LA RESPONSABILIDAD POR PRODUCTOS DEFECTUOSOS
El artículo intenta examinar de un modo sintético el papel que representa la causalidad en el sector especial de responsabilidad que se denomina responsabilidad por productos defectuosos. Tratándose de una responsabilidad sin culpa u objetiva la constatación o ausencia del nexo causal es una de las cuestiones en las que se centra la litigación en la materia. Después de una breve exposición sobre la configuración de este régimen jurídico, tanto en el Derecho anglosajón como europeo, se discuten las principales cuestiones relativas a la determinación, prueba e interrupción del nexo causal, lo que se ilustra con casos de la jurisprudencia estadounidense y española, fundamentalmente. El estudio finaliza con la revisión de la ley chilena de protección a los derechos del consumidor y se concluye que no basta la infracción normativa para generar responsabilidad sino que el actor debe probar la causalidad entre el defecto y el daño.