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Search Results
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COMPARED RESOURSES RELATIVE TO THE DETERMINATION OF A CAUSAL LINK. AN ANALYSIS FOCUSED ON EVENTS RELATED TO HEALTH RESPONSABILY
The scientific certainty linked to technological development impacts on victims in this xxi century, particularly, in the accreditation of the causal link, which is always necessary to justify a tort action. Sensitive trials, many of them related to public health, largely shows the problem we intend to study. Comparative law has exposed this difficulty, arriving at solutions that show an interest into make flexible rules of evidence in favor of the proposed causality. We’ve found in our research the recourse to the solidarity responsibility, and to a lesser extent the proportionate responsibility, as well as the evidential presumptions by way of diverse mechanisms of causal inference. These solutions represent responses of legal adaptation which have been observed in order to provide guarantees to the damaged that, in a scientific doom scenario, has been affected twice: whether about their apparent damage, whether about the causal uncertainty that threatens her compensation.
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CONSIDERATIONS ON THE BAN ON FORFEITURE OF PROPERTY FURNISHED AS SECURITY (PACTUM COMMISORIUM) CLAUSES AND PACTUM MARCIANUS EXCEPTIONS THERETO
The prohibition of the Comissory pact is one of the most ancient institutions in private law of guaranties, who’s origin goes back to roman law. The study of the regulations that establish it demonstrates that its juridical discipline does not properly express its dogmatic fundaments. Furthermore, the prohibition of lex commisoria, purposed to prevent the creditor from taking advantage of its debtor and conceal usurary loans, does not compare to the absolute prohibition of the Comissory pact ex intervallonor of its similar, the Martian pact. Once the loan contract has been celebrated, the risk is displaced to the creditor, therefore the protection of the debtor’s interests through this instrument is no longer justified.
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BUENA FE, EL REVERSO DE LA MONEDA. A PROPÓSITO DEL DOLO POR OMISIÓN Y EL DEBER PRECONTRACTUAL DE INFORMAR
La ignorancia durante la formación de un contrato es lesiva para quien la sufre y, agregativamente para la sociedad en su conjunto. Una persistente miopía ha determinado a considerar, en sede jurídica, este problema como uno de vicios del consentimiento. La protección de la voluntad es uno de los criterios que deben considerarse para la asignación del riesgo de la defectuosa información, pero, desde luego, no el único. Es posible y útil distinguir los criterios que se utilizan según si consideran o no los incentivos para la producción y utilización de información.
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SURVEILLANCE OF THE INSURANCE ACTIVITY AND CONSUMER PROTECTION
This work analyzes the legal status of consumers in relation to the supervision of the insurance activity, both in its economic dimension and in that concerning the protection of consumers of insurance. This paper makes a synthesis of the rules related to the economic protection of the insured parties, and then focuses on the central topic of this paper, namely the protection of the insured party or consumer of insurances.
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INSURABLE LIABILITY UNDER CHILEAN LAW
This paper is aimed at reviewing synthetically the kinds of liability which can be insured in domestic law, thereby outlining a concept of “insurable risk” for this particular form of insurance. For this purpose, the first section expounds the types of liability which are not insurable or which are generally excluded from the most commonly used policies (fines, contractual obligations, penal clauses, and liability for breach of contract under certain circumstances). The second part contains a detailed analysis of the forms of tort liability which can be insured in Chile (for own deeds, for another’s acts, for the facts of things, and strict liability).