Despite its modest appearance, paragraph 2 of article 2195 of the Civil Code has been an infallible source of conflict. What interests us in this study is the existence of a promise agreement as a defense of the occupant in the face of a “precario” action. The problem is the existence of two incompatible ideas or theories in the case law. Our objective is to show these ideas and propose a solution.
Editors’ Note: Engaging with Foreign Law and Comparative Law in Latin America
Some problems raised by the theory of the equivalence of conditions and the theory of adequate causation in civil liability
The Trust Facing Chilean Law: An Approach from the Perspective of the ‘Rights Against Rights’ Theory
Two Examples of Legal Transplants in Chilean Consumer Law
General Interest as a Differentiating Criterion Between the Chilean and Spanish Appeal for Cassation on the Merits
Procedural Aspects of the General Anti-Avoidance Rule. Comparative Analysis of the Cases of Chile and Spain
The Functional Model of Legal Capacity: An Analysis of the Regulation of Legal Capacity in three Common Law Jurisdictions
Comprehensive Sexuality Education in Latin America and the Caribbean: Where We Are and Where We Should Go
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