Daños punitivos, especialmente para proteger el interés colectivo o difuso de los consumidores
This paper studies critically the punitive damages regulated by law n.° 19496, with the objective of detect and evaluate the positive and questionable aspects of its regulation in the framework of consumer protection, through a dogmatic methodology based on regulations, bibliography and national...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8572025 |
| Source: | Revista chilena de derecho privado, ISSN 0718-0233, Nº. 38 (julio), 2022, pags. 63-107 |
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| Summary: |
This paper studies critically the punitive damages regulated by law n.° 19496,
with the objective of detect and evaluate the positive and questionable
aspects of its regulation in the framework of consumer protection, through
a dogmatic methodology based on regulations, bibliography and national
and foreign jurisprudence, which allows a qualitative analysis of such
sources in order to present and elaborate the hypothesis, theoretical framework, reflections and conclusions. In sections i and ii, a theoretical framework is formulated, represented by an approach to punitive damages
on the basis of national and comparative backgraunds, through the specific study of their nature and function, and it application in Chile by
reviewing the discussions that have taken place in this regard, particularly
regarding the alleged problems of constitutionality and the reparatory
nature of civil liability. The hypothesis is that the regulation of punitive
damages in the aforementioned law is positive because it contributes to
sanctioning, deterring and preventing serious supplier misconduct, but
questionable with respect to the regulation of its quantification; aspects
that are developed in section iii. |
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