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On the legal nature of financial compensation and the guarantees system to ensure payment. Valparaíso Court of Appeal, February 5th, 2021. N° 1288-2020
(Universidad Autonoma de Chile, 2022-08-29) Aravena Cuevas, Branco
Regarding the analyzed ruling, the legal nature of financial compensation is reviewed, concluding that is a legal obligation. Along with this, we review some aspects of the guarantees regime to ensure payment. © 2022, Universidad Autonoma de Chile. All rights reserved.
The causation relationship in civil liability: from the equivalence of conditions to objective attribution
(Universidad Autonoma de Chile, 2023-01) Aravena Cuevas, Branco
In this work, we examine the treatment of the causation relationship in civil liability. To do this, we provide an account of its reception in doctrine and precedent, and from this it’s possible to aﬃrm two things: first, that civil literature has adapted to the transition from the sole application of the theory of the equivalence of conditions to attribution as a legal-valuative dimension. Second, that this way of understanding the causal phenomenon has also permeated precedent, such that the etiological link is analyzed regarding the causation-attribution binomial, using two criteria for this purpose: adequacy and objective attribution. © 2023. Universidad Autonoma de Chile. All rights reserved.