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JUDICIAL CONFESSION AND BURDEN OF PROOF IN LAW 20.009, WHICH LIMITS THE LIABILITY OF PAYMENT METHODS PROVIDERS AND USERS
This paper analyzes the judgment issued by the Illustrious Court of Appeals of Santiago on May 6, 2025, in case number 2737-2022, originating in the Second Local Police Court of Las Condes, referring to the determination of the liability of payment method providers in relation to possible fraud contemplated in Law 20.009.
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SETTLEMENT OF THE JUDGMENT GIVEN IN A CLASS PROCEDURE AND ALTERNATIVES FOR THE REPAIR OF INDETERMINATE CONSUMERS
This paper analyzes the rule pronounced by the Court of Appeals of Santiago on September 7, 2023, in case No. 5740-2021, titled “Servicio Nacional del Consumidor con Farmacias Cruz Verde y otras”, referring to the payment of damages suffered by consumers in the “Farmacias Case”, which condemned Farmacias Cruz Verde, Salcobrand and Fasa for collusion and which resulted in a collective proceeding ordering the payment of the corresponding indemnities to consumers. This proceeding ended with an agreement between SERNAC and Farmacias Cruz Verde and Salcobrand, excluding Fasa, which decided to continue with the proceeding by means of an appeal.
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Rejection of a request for voluntary liquidation of the debtor company for not having assets for payment from its creditors Supreme Court sentence. January 09, 2020. Registration number 23.087-2019. Concepcion Appeals Court sentence. July 01, 2019. Registration number 1135-2019 327. Los Ángeles Second Court sentence. May 15, 2019. Registration number C-1846-2019
In October 2014, the Insolvency and Re-Entrepreneurship Law came into force in our country, which renews the old bankruptcy system, creating the new bankruptcy procedure for voluntary liquidation. Therefore, it is necessary to process said request, the need to indicate a list of goods by the debtor company for payment to its creditors. However, the jurisprudential discussion is generated when said company has no assets to hand over to the process, which will be up to the judge’s decision to accept or reject the request for voluntary liquidation, taking into account what is expressly indicated by the legislator in Law No. 20,720.
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LEASE OF OFFICES AND BUSINESS PREMISES, PANDEMIC AND RENT ABATEMENT
This commentary analyses a recent decision which applies art. 1932 of the Civil Code to the coronavirus pandemic, which is qualified as a “legal defect” that would release the lessee from paying rent. Special attention is drawn to the criteria under which the pandemic is brought under this provision, as well as the fact that the lessee was released for the total amount of the rent and was granted the possibility of withholding the payment while the enjoyment of the leased good was restricted.
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NOTARIAL INSTRUCTIONS AND THE ROLE OF THE NOTARY PUBLIC IN THE PAYMENT OF THE PRICE AT THE SALE
A recent decision of the Supreme Court offers valuable guidelines regarding the way in which a notary public must comply with the instructions given by the parties at a sale to pay the price. The decision highlights the lack of leeway of the notary public in order to determine the scope of the instructions, as well as his or her inability to interfere in the risk allocation agreed by the parties. The Supreme Court also deepens in the legal nature of the instructions and applies to them the rules of the contract of mandate. The commentary critically reviews these subjects in view of the practical scope which the instructions fulfil.
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CLASS ACTION BY CREDITORS IN THE FACE OF THE COSTS OF EXTERNALITY AND OBSTRUCTION
This article seeks to relate two topics that are relevant to understanding the procedural alternatives that arise when we face class action by creditors, meaning when various creditors pursuing payment of debts from the estate of a common debtor are faced. In this regard, the legislation considers various means to initiate this class action. However, in the aforementioned context, two categories of costs arise which affect the obtaining of an efficient result, understanding as such the scenario that minimalizes the costs that creditors, the debtor and the justice system assume in order to achieve suitable allocation of the debtor’s resources. I refer to the costs of externality and obstruction. Both the manner in which these costs appear in Chilean legislation and certain proposed solutions shall be the primary matter of analysis in the present work.