Muestra métricas de impacto externas asociadas a la publicación. Para mayor detalle:
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| DOI | 10.26668/REVISTAJUR.2316-753X.V4I82.7504 | ||
| Año | 2024 | ||
| Tipo |
Citas Totales
Autores Afiliación Chile
Instituciones Chile
% Participación
Internacional
Autores
Afiliación Extranjera
Instituciones
Extranjeras
The purpose of the work is to analyze the relationship between the contractual remedies derived from the legal guarantee and the compensatory action recognized in relation to the same institution. In this regard, it is possible to recognize two possible solutions. First, which is considered incorrect, the relationship would be one of dependency, in such a way that civil liability would be extinguished along with the right of option and would also be affected with its qualities. The second solution, which I consider correct, defends the autonomy of the compensation action, which is why it is subject to its own legal status and different from that which governs the right of option. Objective: Faced with the absence of a clear legal regime applicable to the compensation action recognized regarding the legal guarantee, the objective of the work lies in analyzing the existing articulation between said action and the contractual remedies. In this way, we seek to determine whether the relationship is one of dependency or autonomy. Results: The results of the investigation demonstrate that the compensation action established regarding the legal guarantee is autonomous from the right of option, so it is not subject to the legal status applicable to the former. As a result of the above, it will not expire within the short period of six months from the delivery of the product, the damages compensable under it will reach both the service and the complements and their configuration budgets must be determined in accordance with the rules and principles of Common Law. Methodology: In the writing of this work, the dogmatic method was used mainly, through the analysis of the objetc of research, through the study of the regulations that apply to it, the review of the existing specialized bibliography on the subject and the rulings of the chilean courts of justice. Contributions: The contribution of this work lies in the fact that it will allow us to elucidate the legal regime applicable to the compensation action established regarding the legal guarantee, which is silenced by the Chilean Law on the Protection of Consumer Rights. The above in turn will allow, among other aspects, to determine its validity period, compensable damages, etc.
| Ord. | Autor | Género | Institución - País |
|---|---|---|---|
| 1 | Isler Soto, Erika | - |
Pontificia Universidad Católica de Chile - Chile
Universidad Autónoma de Chile - Chile |