Revista Chilena de Derecho, vol. 33 Nº 3, pp. 595 - 596 [2006]BIBLIOGRAFÍACASTRO SÁENZ, Alfonso: Compendio Histórico de Derecho Romano. Historia, recepción y fuentes. Tebar, Madrid, 2005 Carlos Amunátegui Perelló Las normas deben contextualizarse históricamente para ser comprendidas. El Derecho es un fenómeno social y se enmarca en una trama determinada; es decir, constituye una...
This commentary includes criticisms as regards to the sentence which is commented upon, since this decision denies the possibility that moral damages arise from a contract, and thus goes against a clear and stable line of decisions from the Supreme Court since year 1994.Keywords : tort law; vicarious liability; moral damages; contractual moral damages.
The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer yes, there was such a retroactive effect, while others simply deny it. In examining those texts, the author assumes the methodological premise according to...
This work try to explain how the regrets pledges became a justinianean innovation, separated from contract law systems, in classic Rome and even in our days, founded on the principle of consensualism. From this historical development it's possible to understand many of its dogmatical difficulties todayKeywords : down payments; sale; Justinian Code; Justinian Institutiones...
The author sustains that in order to understand the right to life adequately, as it is vested in the 1980 Constitution of the Republic of Chile, it is necessary to understand it as a natural right and as a work of God. This right arises from the mere fact of being a person and consists in the right to maintain or to protect life against others; or, to put it another way, in a...
This article proposes a theory of non-retroactivity based on the Constitution of 1980. Today it is not possible to limit the study of the principle of non-retroactivity to Civil Law or to the general principles of law; the developments in the Chilean Constitution require a constitutional approach to the subject. This article submits that the foundations of the principles of non...
The Viena Convention adopts a wide and objective concept of non-compliance and offers the creditor a series of remedies to freely choose from. However, the Convention requires him or her to reasonably manage the effects of this non-compliance, meaning that he or she has to respect communication and material conduct requirements. The Convention establishes that the debtor's...
This article explains the problem of so-called regulatory takings or expropiatory regulation, a common law institution created from caselaw, according to which the State uses a regulation to realize a de facto expropriation that -substantially or completely- reduces the value of the property, which implies, as a consequence of this regulation, that the State should compensate the...
This commentary includes criticisms as regards to the sentence which is commented upon, since this decision denies the possibility that moral damages arise from a contract, and thus goes against a clear and stable line of decisions from the Supreme Court since year 1994.Keywords : tort law; vicarious liability; moral damages; contractual moral damages.
The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer yes, there was such a retroactive effect, while others simply deny it. In examining those texts, the author assumes the methodological premise according to...
This work try to explain how the regrets pledges became a justinianean innovation, separated from contract law systems, in classic Rome and even in our days, founded on the principle of consensualism. From this historical development it's possible to understand many of its dogmatical difficulties today
The author sustains that in order to understand the right to life adequately, as it is vested in the 1980 Constitution of the Republic of Chile, it is necessary to understand it as a natural right and as a work of God. This right arises from the mere fact of being a person and consists in the right to maintain or to protect life against others; or, to put it another way, in a...
This article proposes a theory of non-retroactivity based on the Constitution of 1980. Today it is not possible to limit the study of the principle of non-retroactivity to Civil Law or to the general principles of law; the developments in the Chilean Constitution require a constitutional approach to the subject. This article submits that the foundations of the principles of non...
The Viena Convention adopts a wide and objective concept of non-compliance and offers the creditor a series of remedies to freely choose from. However, the Convention requires him or her to reasonably manage the effects of this non-compliance, meaning that he or she has to respect communication and material conduct requirements. The Convention establishes that the debtor's...
This article explains the problem of so-called regulatory takings or expropiatory regulation, a common law institution created from caselaw, according to which the State uses a regulation to realize a de facto expropriation that -substantially or completely- reduces the value of the property, which implies, as a consequence of this regulation, that the State should compensate the...
This commentary includes criticisms as regards to the sentence which is commented upon, since this decision denies the possibility that moral damages arise from a contract, and thus goes against a clear and stable line of decisions from the Supreme Court since year 1994.Palavras-chave : tort law; vicarious liability; moral damages; contractual moral damages.
The topic of this article is the study of Roman sources of law, to the extent that they determine whether the condition which has been fulfilled could have had, or no, a retroactive effect, since some of those sources answer yes, there was such a retroactive effect, while others simply deny it. In examining those texts, the author assumes the methodological premise according to...
This work try to explain how the regrets pledges became a justinianean innovation, separated from contract law systems, in classic Rome and even in our days, founded on the principle of consensualism. From this historical development it's possible to understand many of its dogmatical difficulties today
The author sustains that in order to understand the right to life adequately, as it is vested in the 1980 Constitution of the Republic of Chile, it is necessary to understand it as a natural right and as a work of God. This right arises from the mere fact of being a person and consists in the right to maintain or to protect life against others; or, to put it another way, in a...
This article proposes a theory of non-retroactivity based on the Constitution of 1980. Today it is not possible to limit the study of the principle of non-retroactivity to Civil Law or to the general principles of law; the developments in the Chilean Constitution require a constitutional approach to the subject. This article submits that the foundations of the principles of non...
The Viena Convention adopts a wide and objective concept of non-compliance and offers the creditor a series of remedies to freely choose from. However, the Convention requires him or her to reasonably manage the effects of this non-compliance, meaning that he or she has to respect communication and material conduct requirements. The Convention establishes that the debtor's...
This article explains the problem of so-called regulatory takings or expropiatory regulation, a common law institution created from caselaw, according to which the State uses a regulation to realize a de facto expropriation that -substantially or completely- reduces the value of the property, which implies, as a consequence of this regulation, that the State should compensate the...