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SUPPLEMENTARY FUNCTION OF CONTRACTUAL GOOD FAITH AND DERIVED DUTIES OF CONDUCT. AN ANALYSIS IN THE LIGHT OF MODERN CONTRACT LAW
This article, after identifying and referring to the institutional functions performed by contractual good faith, focus on the supplementary function and the derived duties of conduct. The first part of the work is devoted to the discussion regarding the disadvantages and disadvantages of recognizing a supplementary function to good faith. The second part, bearing in mind the content of various harmonization instruments, presents a non-exhaustive catalog of duties of conduct that could derive from the supplementary function attributed to good faith, making reference to its current or potential recognition in Chile.
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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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THE PRINCIPLE OF CONTRACTUAL BALANCE IN THE CHILEAN CIVIL CODE AND ITS PARTICULAR IMPORTANCE AS A FOUNDATION SOME INSTITUTIONS OF MODERN LAW OF OBLIGATIONS IN NATIONAL DOGMATIC
The present work aims to address the equilibrium of benefits contained in a contract as a manifestation of the commutative justice imperative, which projects at different moments during the contractual procedure, proposing its dogmatic construction from various legal precepts contained in the Civil Code, and demonstrate how its formulation allows justify the application of certain institutions introduced by the modern law of obligations and contracts, thus contributing to strengthen that dogmatic tendency which, in recent years, has aroused the interest of a prominent sector of the national doctrine.
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NEW TRENDS IN THE UNDERSTANDING AND FUNCIONING OF THE JOIN AND SEVERAL OBLIGATION. AN ANALYSIS FROM THE INSTRUMENTS OF HARMONIZATION OF CONTRACTS LAW AND ITS POSSIBLE RECEPTION IN CHILEAN CIVIL LAW
The joint and several obligation, a multi-secular institution with great practical application, has been the subject of new analyses on its structure and operation. These analyses have been made within the modernization process of the law of contracts, principally on the basis of various European harmonization instruments, but extend to other regions. This paper tries to explain the way in which passive solidarity is being understood in this new context and its potential impact on the Chilean Civil Code, either by the possible amendment of certain of its provisions or, by the change in the way they are construed.