This paper deals with the constitutionality of a special administrative mechanism provided by article 117 of the Chilean Urban Law, that allows local authorities to delay construction permits and freeze urban zones from regular developments. The author reviews all formal and substantive legal requirements that justify this exceptional measure, which severily restricts property...
Abstract: The author intends to prove that the extinction of a mining concession based on article 96.3 of Chilean Mining Code is not according to the so called principle of “Supremacy of the Constitution” especially if the current legislation that establishes a hierarchy of norms, as well as the Constitutional Tribunal’s decision of 1983 in the matter, is taken into account. The...
Abstract: The synonymy between “contract” and “convention”, as used in articles 1437 and 1438 of Chilean Civil Code is correct from the view of limitation to the sources of obligations. The genus - species relationship between those concepts, from the view of the theory of juridical business, is a different, latter meaning; thus, judging the content of those articles only...
Abstract: The legitime is, probably, one of the most characteristic institutions in our law. However, in spite of its existence with other forced shares, Chilean juridical system grants decedent a relative freedom to dispose mortis causa of his goods. Nevertheless, there are several different methods to violate integrity of the legitime, in order to obtain more dispositive...
In the present text it is tried: 1. To offer a justification of the figure of recognition. 2. To investigate its scope of operation in the contexts of parental recognition procedures and its contexts. 3. To examine the closest legal qualifications that can be led back. 4. To analyze the characteristics of recognition. 5. To review the subjects taking part in this bilateral...
Revista Chilena de Derecho, vol. 34 Nº 2, pp. 199 - 200 [2007]EDITORIAL Los Nuevos Desafíos de la Revista Chilena de Derecho Ángela Vivanco MartínezCon ocasión de la edición de este nuevo número de la Revista Chilena de Derecho, he asumido la Dirección de nuestra publicación, acompañada del Doctor en Derecho Marcelo Barrientos en calidad de Secretario de Redacción de la Revista...
Revista Chilena de Derecho, vol. 34 N0 2, pp. 251 - 288 [ 2007 ]ENSAYOS Y CRÓNICAS SOCIEDADES POR ACCIONES, LEY 20.190(Publicada en el Diario Oficial con fecha 5 de junio de 2007) Andrés Jara Baader** Jara del Favero Abogado, Profesor de Derecho Comercial, Pontificia Universidad Católica de Chile. “Las leyes y normas no son absolutas, estas se encuentran en íntima relación con la...
Revista Chilena de Derecho, vol. 34 Nº 2, pp. 373 - 376 [2007]RECENSIONES SANDEL, Michael (2007): The Case Against Perfection (Harvard University Press) 176 pp. Francisco Javier Urbina Director de Investigación IES (Instituto de Estudios de la Sociedad) Los avances de la ciencia plantean desafíos difíciles para la ética y el Derecho. En efecto, la frontera de lo posible avanza...
Abstract: The sentence of the Corte de Apelaciones in Santiago, dated november 14th, 2006, sets a landmark in the case law controlling Chilean courts about imprevision. This, because the sentence recognizes the existence in Chile of that theory, changing in this way and substantially, the long-lasting criteria followed in the matter.
Abstract: The present article analyzes two recent sentences of the Chilean Constitutional Court where property right violation was argued, among other aspects. It is an interdisciplinary approach, from civil and constitutional law, to such important civil right and also to other aspects of high relevance, such as sanctity of contracts to the legislator, the essence of rights...
This paper deals with the constitutionality of a special administrative mechanism provided by article 117 of the Chilean Urban Law, that allows local authorities to delay construction permits and freeze urban zones from regular developments. The author reviews all formal and substantive legal requirements that justify this exceptional measure, which severily restricts property...
Abstract: The author intends to prove that the extinction of a mining concession based on article 96.3 of Chilean Mining Code is not according to the so called principle of “Supremacy of the Constitution” especially if the current legislation that establishes a hierarchy of norms, as well as the Constitutional Tribunal’s decision of 1983 in the matter, is taken into account. The...
Abstract: The synonymy between “contract” and “convention”, as used in articles 1437 and 1438 of Chilean Civil Code is correct from the view of limitation to the sources of obligations. The genus - species relationship between those concepts, from the view of the theory of juridical business, is a different, latter meaning; thus, judging the content of those articles only...
Abstract: The legitime is, probably, one of the most characteristic institutions in our law. However, in spite of its existence with other forced shares, Chilean juridical system grants decedent a relative freedom to dispose mortis causa of his goods. Nevertheless, there are several different methods to violate integrity of the legitime, in order to obtain more dispositive...
In the present text it is tried: 1. To offer a justification of the figure of recognition. 2. To investigate its scope of operation in the contexts of parental recognition procedures and its contexts. 3. To examine the closest legal qualifications that can be led back. 4. To analyze the characteristics of recognition. 5. To review the subjects taking part in this bilateral...
Revista Chilena de Derecho, vol. 34 Nº 2, pp. 199 - 200 [2007]EDITORIAL Los Nuevos Desafíos de la Revista Chilena de Derecho Ángela Vivanco MartínezCon ocasión de la edición de este nuevo número de la Revista Chilena de Derecho, he asumido la Dirección de nuestra publicación, acompañada del Doctor en Derecho Marcelo Barrientos en calidad de Secretario de Redacción de la Revista...
Abstract: The sentence of the Corte de Apelaciones in Santiago, dated november 14th, 2006, sets a landmark in the case law controlling Chilean courts about imprevision. This, because the sentence recognizes the existence in Chile of that theory, changing in this way and substantially, the long-lasting criteria followed in the matter.
Abstract: The present article analyzes two recent sentences of the Chilean Constitutional Court where property right violation was argued, among other aspects. It is an interdisciplinary approach, from civil and constitutional law, to such important civil right and also to other aspects of high relevance, such as sanctity of contracts to the legislator, the essence of rights...
This paper deals with the constitutionality of a special administrative mechanism provided by article 117 of the Chilean Urban Law, that allows local authorities to delay construction permits and freeze urban zones from regular developments. The author reviews all formal and substantive legal requirements that justify this exceptional measure, which severily restricts property...
Abstract: The author intends to prove that the extinction of a mining concession based on article 96.3 of Chilean Mining Code is not according to the so called principle of “Supremacy of the Constitution” especially if the current legislation that establishes a hierarchy of norms, as well as the Constitutional Tribunal’s decision of 1983 in the matter, is taken into account. The...
Abstract: The synonymy between “contract” and “convention”, as used in articles 1437 and 1438 of Chilean Civil Code is correct from the view of limitation to the sources of obligations. The genus - species relationship between those concepts, from the view of the theory of juridical business, is a different, latter meaning; thus, judging the content of those articles only...
Abstract: The legitime is, probably, one of the most characteristic institutions in our law. However, in spite of its existence with other forced shares, Chilean juridical system grants decedent a relative freedom to dispose mortis causa of his goods. Nevertheless, there are several different methods to violate integrity of the legitime, in order to obtain more dispositive...
In the present text it is tried: 1. To offer a justification of the figure of recognition. 2. To investigate its scope of operation in the contexts of parental recognition procedures and its contexts. 3. To examine the closest legal qualifications that can be led back. 4. To analyze the characteristics of recognition. 5. To review the subjects taking part in this bilateral...