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CHALLENGES IN THE IMPLEMENTATION OF CIVIL LIABILITY UNDER THE ARTIFICIAL INTELLIGENCE BILL OF LAW (MESSAGE No. 063-371)
This article analyzes the civil liability regime proposed in Chile’s Artificial Intelligence Bill, submitted to the Chamber of Deputies on May 7, 2024. This paper intends to analyze the civil liability regime proposed in Articles 28 and 29 of the Bill while assessing its compatibility with the supplementary regime of the Civil Code and other extra-contractual liability frameworks applicable to technology providers. The analysis focuses on the regulation of fault in the Project. The study suggests that, although innovative, the bill requires adjustments to avoid contradictions and improve clarity in its practical application, both nationally and in relation to international legal frameworks.
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UNFORESEEN EVENTS AND COVID-19: ON THE ROLE OF COURTS AND STATUES IN TIMES OF CRISIS
This article discusses the role of courts and legislators in the development of Chilean private law in the context a recent bill that seeks to enact the French théorie de l’imprévision in the Chilean Civil Code as a reaction to the economic effects of the COVID-19 crisis. On the one hand, it holds that the public discussion triggered by this bill has led to the emergence of a certain consensus regarding the convenience of accepting this theory, but that the most adequate path for this remains an open question. In this context and relying on elements of Comparative Law, Legal Theory and Law and Economics it argues that, in the Chilean case, the best route to bring this doctrine into the legal system is a legislative reform, but that the proposed bill does not have the technical depth required for it. On the other hand, it argues that general and unforeseen crisis, as that of the COVID-19, should be dealt by special emergency legislation, not by judicial or statutory general reforms aiming to introduce new legal paradigms.
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THE PROTECTION OF THE DIGNITY OF THE CONSUMER IN THE BILL “SERNAC PROTECTS YOU”
The text analyzes the project known as “Sernac te protege” in the part that refers to the protection of the dignity of the consumer. The technique used consists of incorporating into the standard that regulates security and surveillance systems, a positive duty and another of abstention related to dignified treatment. Additionally, it adds the statement that the category of vulnerable consumer could serve as an element of adaptation of the indicated imperatives. The tenor of the subsections that are intended to be incorporated hints at the drafter’s intention to grant broad validity to the imperatives it contains. However, the location chosen, as well as some expressions used in the configuration of the rules, could put this breadth at risk.
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JURISDICTION AND APPLICABLE LAW ON LIABILITY FOR CROSS-BORDER ENVIRONMENTAL DAMAGE: THE EUROPEAN UNION’S SYSTEM
The rules of private international law in the European context have evolved considerably since 1970. Such rules applied to trans-boundary pollution problems pose greater environmental and people protection because of the possibility to make use of favor laesi principle, which allows choosing the forum and applicable law of the place where damage originated or where damage occurred. however, Directive 2004/35/EC, which regulates the environmental or per se ecological damages, contains no enough rules of private international law producing a number of problems with the Regulations that discipline the competence and the law applicable to extracontractual civil liability cases (respectively, Brussels i and Romeii). This paper aims to identify and expose all these rules in an orderly manner to demonstrate the conflicts warned by the doctrine.
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About the arbitrability of the consumer conflict in Chile: basic supply for a structural replanting
This work addresses the arbitrability of the consumer conflict in chilean law, as a starting point for the rethinking of the entire arbitration system on consumer issues in Chile. It deals with arbitrability in its subjective and material manifestations, and reviews the effects generated in this area by the inalienability of consumer rights, the imperative nature of the norms of Law No 19.496, about protection of consumer rights, and the scope of art. 230 of the Organic Code of Courts, about prohibited arbitration.