The Chilean legal system has imposed on insurers and insurance brokers special duties of conduct during the process of contract formation, which together give rise to a duty of information in an all-encompassing sense, the breach of which may cause various effects, ranging from modification or adaptation of the contract, nullity, compensation for d...
The paper analyzes a judgment of the Court of Appeals of Antofagasta that rejected a claim of nullity or unenforceability relating to a sale of shares. The seller, a non-profit corporation, acted through directors whose election was later annulled in an electoral proceeding. The corporation, together with one of its members, argued that the contrac...
RDL 9/2020, of 27 March, adopting complementary measures in the labour field to alleviate the effects derived from COVID-19, provided in its article 2, among other measures, the so-called "prohibition of dismissals". This provision has caused controversy as it does not expressly indicate the consequences of dismissals during a pandemic. This articl...
The present work aims to respond to the possibility of obtaining or not an alimony for children of legal age with disabilities in the case of annulment, divorce or separation. Previously, the concept of disability will be analyzed to subsequently address the current regulations in civil law and end with the most relevant case law. / El presente tra...
The European Court of Human Rights is the most important international body in the European region for the protection of human rights. Its judgments, although declaratory, are binding. In Spain, a new ground for review was established with the reform operated by Law 41/2015 amending the Criminal Procedure Act in order to establish a means for the e...
The error of law has been a very important issue for Civil Law throughout its history, especially considering whether the nescience or ignorance of the contractual parties can affect the existence and validity of the contract. The need for legal protection towards the contractual parties in the event of an error of law that affects the will makes i...
Judgment SC5513-2021 deals with two relevant aspects concerning consecutive restitutions after the nullity of a contract. The first refers to the question of to what extent good faith in these scenarios of contractual nullity can be assimilated or should be differentiated from good faith in possession. The second concerns the two theses that the Co...
Resumen El término terminar implica dar por finalizado, concluido un contrato para el caso que nos ocupa. Y con el contrato se da el acuerdo entre dos partes para crear o transferir derecho y obligaciones. Una vez cumplidas todas las obligaciones del contrato, éste quedará extinguido por un causa natural del mismo, lo mejor en un contrato es que se...
During the electoral processes, the authorities must act in accordance with the constitutional and legal parameters, that generates and guarantees true equity in the contest. Therefore, it is necessary that any government act that could affect the validity of the electoral result and avoid negative consequences in the validity of the democratic ord...
Abstract Consumer law has been evolving at an accelerating pace, with a certain hermeneutic task, not entirely consistent, due to the need to comply with the basic principle of consumer protection. Although the consolidated legal solution Leads us to declare the relative nullity of the multi-currency clauses, this research paper aims to reflect on ...
