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Revista Chilena de Derecho Privado

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Revista Chilena de Derecho Privado

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You are here: Archives/Artículos de Doctrina/No. 23

THE AUTONOMY OF DAMAGES IN THE RECENT NATIONAL CASE LAW: A PARADIGM SHIFT?

Authors

Patricia Verónica López Díaz
Universidad Andrés Bello - Universidad Adolfo Ibáñez

Files

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Key Information

Keywords

autonomy of damages compensation, creditor free option, full repair

Abstract

The current work aims to tackle the autonomy of damages compensation for breach of contract within the current national precedent, by analyzing, systematizing and determining the pertinence of the premises and arguments that have been cited by the national courts to hold autonomy damages against breach of a debtor, getting away from the judicial reasoning which, for decades has postulated that this remedy could only be demanded as an accessory action or remedy, concurrent or supplementary to the aspiration of specific performance remedy or termination of contract.

Details

DOI

https://doi.org/10.32995/S0718-80722014123

Published

September 20, 2019

Issue

No. 23 (2014): Diciembre - 2014

Section

Artículos de Doctrina

How to Cite

López Díaz, P. V. (2019). THE AUTONOMY OF DAMAGES IN THE RECENT NATIONAL CASE LAW: A PARADIGM SHIFT?. Revista Chilena De Derecho Privado, (23). https://doi.org/10.32995/S0718-80722014123

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