EL CONSENTIMIENTO DE LA VÍCTIMA EN EL ACOSO SEXUAL LABORAL

The coming into force of sexual harassment regulation in our legal system, produced the need to include an analysis of its constituent elements. In this way, until now it was understood -by definition- that sexual harassment is an unwanted conduct by the victim, which violates their fundamental rights. Through this work, however, we try to tackle the task of determining the boundaries of such consent, evidencing the existence -in its origin- of cultural elements that reproduce stereotypes that ultimately darken the correct understanding of this phenomenon. In this way, we seek to establish interpretation criteria which is respectful of gender rights, in order to facilitate its application, in the sense of understanding that regulation enforceability related to the lack of consent, does not constitute a cause for exclusion of sexual harassment, but the object itself which the legal precept protects.

LA EXTENSIÓN DE BENEFICIOS EN EL MODELO DE RELACIONES LABORALES CHILENO: CONSIDERACIONES

This article analyses and systematizes the mechanism for the extension of benefits from a collective bargaining agreement in the Chilean employment relations model, regulated in article 322 of the Labour Code, since the coming into force of the labour reform, Law N° 20,940; within whose coordinates collective bargaining must currently proceed. The analysis of the legal mechanism in question, is carried out from a historical and critical perspective, reviewing its origins until reaching its current mutation; for this reason, historical aspects are analysed, among them, the influence that the Labour Plan has in the construction of this legal figure and the significance of its establishment and validity in the denaturalization of the collective bargaining agreement institution in our legal system and its consequent impact on trade union freedom.

EL CONSUMIDOR CON VULNERABILIDAD AGRAVADA COMO CATEGORÍA JURÍDICA Y SU RECEPCIÓN EN EL ORDENAMIENTO JURÍDICO CHILENO

The concept of vulnerable consumer and its recognition in Chile is developed. Through a doctrinal approach and the analysis of case-law, the protective nature of Consumer Law is examined; then the concept of vulnerable consumer and its recognition is verified; and, finally, consumer reinforced protection mechanisms are explained.

LA COMPENSACIÓN DE CULPAS A LA LUZ DEL ARTÍCULO 2330 DEL CÓDIGO CIVIL. UNA REVISIÓN A PROPÓSITO DE LA SENTENCIA DE LA CORTE SUPREMA CAUSA ROL 39484-2017

The participation of the injured party in cases of tortious liability is fundamentally regulated in article 2330 of the Bello Code. This rule allows the reduction of the sentence if the tort, committed by the tortfeasor, has been joined by reckless participation of the injured party. In such interference, by act or omission, a desertion of its duty to discharge is supposed, the problem must be treated as a matter of fault in the measure that this implies the distribution of a part of the social risks linked to the activities of daily life. Currently, there is a large national doctrine that addresses the matter set forth. Consequently, adhering to it, we will analyse the decision of the court, contributing with critical and personal reasoning regarding this subject.

LÁUSULAS ABUSIVAS EN CONTRATOS DE PROMESA DE COMPRAVENTA. ANÁLISIS A PARTIR DEL CASO “SERNAC CON CONSTRUCTORA SANTA BEATRIZ

This comment makes an analysis of the abusiveness control carried out by the commented ruling with respect to clauses incorporated in promise of sale contract. To this end, the applicability of the LPDC to contracts of promise of sale is studied, as a condition to evaluate whether the clauses contained in said contracts can be considered unfer or not.

EL DERECHO A RECURSO COMO DERECHO FUNDAMENTAL EN LOS PROCESOS CIVILES CHILENOS, A LA LUZ DE LA JURISPRUDENCIA

The main objective of this article is to examine whether the right to appeal constitutes a fundamental right in civil proceedings. The method used was to verify current regulations; collecting arguments of doctrinal positions in this regard and analysing them in the light of case-law, mainly of the Inter-American Court of Human Rights and the Constitutional Court. For these purposes, 14 court rulings of the IACHR were collected, on which jurists rest their arguments. Likewise, a sweep of court rulings issued by the TC, from the year 2003 to July 2019, was carried out, increasing the review to a total of 5,963 judgments, out of which, 71 of them were related to the “right to appeal” specifically. The result has been that, in Chilean law, the right to appeal is not a fundamental right in civil proceedings.

A RELEVANCIA DE LA VALUES HISTORY EN SU RELACIÓN CON LOS USUALMENTE DENOMINADOS “TESTAMENTOS VITALES”: OTRA CUESTIÓN DE RELEVANCIA QUE NOS PLANTEA LA BIOÉTICA JURÍDICA

This article, is focused from a legal bioethical point of view, its purpose is to study values history in its relationship with the so-called “living wills”, subjects that must include in their analysis the influence exerted by the corresponding axiological codes. In this way, once the genesis of these figures has been studied, we focus on their contents to finally refer to the Bill on Dignified Death and Palliative Care, a proposal which is currently under discussion in our National Congress. Thus, always from a legal bioethical approach, we deal with the relevance of the values which people are attached to, in relationship with significant topics such as illness, pain, medical treatments and death.

EL PROCEDIMIENTO CONTENCIOSO DE CONSULTA” ANTE EL TRIBUNAL DE DEFENSA DE LA LIBRE COMPETENCIA

his work analyses the inquiry procedure carried out before the Chilean Antitrust Court, conceived as a non-adversarial proceeding aimed to determine if an action, act or convention, already performed or to be performed in the future, may affect free competition. Nevertheless, as this procedure can not only be initiated at the request of the parties involved in such events, acts or contracts, but also by third parties with a legitimate interest in them, the non-contentious nature of this procedure is therefore questionable. In this work it is proposed that under certain circumstances, the inquiry procedure of consultation could eventually become contentious, in which case, all rights governing contentious procedures, must be applied.