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Dissolution of a limited liability company due to resignation based on serious reason and absence of affectio societatis
The Court of Appeals of Talca, when reviewing a complaint appeal filed against an arbitration judgement derived from a demand for dissolution of a LLC, decides on its admissibility, based on the resignation for “serious reason” in the face of administrative mismanagement and the loss of the affectio societatis and the consequent termination of the company. In this context, the Court revokes the arbitration judgment, declares the company dissolved, and in the effort to achieve this task, conceptualizes and refers to the nature and place in the corporate structure of the affectio societatis, attributing to its absence a justifying character for the resignation of the partner. These observations deserve a critical analysis that could lead to a diverse conclusion from that reached by the Court.
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OF REPUDIATION THE MATERNITY DUE TO CHILDBIRTH
This commentary analyzes a case related to a maternity repudiation due to childbirth and the confusion incurred between the Civil Registry (Registro Civil e Identificación) and the Court of Appeals of Antofagasta due to act of right’s waiver because of the impugnation of a maternity being as a legal institution.
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Some notes on applicable jurisprudential trends to the regulation of arbitration established in the comprehensive treaty and progressive trans-pacific association (CPTPP / TPP-11)
This paper aims to provide an overview of the case-law trends of international investment tribunals, concerning the provisions governing the dispute resolution mechanisms for conflicts arising between investors and States in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. In particular, these notes address investment arbitration and are intended to provide notions regarding its preliminary requirements; the period of limitation of claims; waivers as a mechanism to ensure the exclusivity of arbitration; and; the possibility of Host States to file counter-claims.
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