Sobre la integración positiva del riesgo como fundamento de la responsabilidad civil y algunas de sus consecuencias desde la experiencia jurídica chilena y francesa.
This work aims to address the integration of risk in civil liability schemes in some latitudes. Normative and doctrinal sources of Chilean and French civil liability have been reviewed with special interest. It is concluded that the immediate consequence of the risk, as the foundation of the co...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7537658 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 17, Nº. 1, 2020, pags. 187-202 |
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| Summary: |
This work aims to address the integration of risk in
civil liability schemes in some latitudes. Normative
and doctrinal sources of Chilean and French civil
liability have been reviewed with special interest.
It is concluded that the immediate consequence
of the risk, as the foundation of the compensatory
institute, obeys to the formation of no guilt liability
models, arriving in France to lay the foundations of a
general principle of strict liability for the fact of things.
It is agreed to adhere to the approach underlying the
indicated principle. It is understood as an effective
alternative in order to harmonize the changes caused
by the multiplication of sector schemes. Although in
Chile the phenomenon does not yet appear strongly,
it is pertinent to prospectively postulate the tool,
adopting the French experience as a parameter. |
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