El artículo 2330 del Código Civil chileno como límite a la responsabilidad estricta del demandado

Translated title of the contribution: Article 2330 of the Chilean Civil Code: A Review Regarding to Limits to the Strict Liability of the Defendant

Sonia Inostroza Adasme*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

The article 2330 of the Chilean Civil Code stablishes at first glance that the compensation for damage due to the author's negligence can be lowered if the recklessness of the victim contributed to produce it. The question is whether such a reduction is applied to the author subject to strict responsibility, and if it is subject to limits in relation to its quantum or time. There would be no problem when that responsibility operates as negligence under the presumption of law, but it must be explained on principles of equity or procedural economy when its foundation is distributive justice, or when it is applied to victims by repercussion.

Translated title of the contributionArticle 2330 of the Chilean Civil Code: A Review Regarding to Limits to the Strict Liability of the Defendant
Original languageSpanish
Pages (from-to)181-214
Number of pages34
JournalRevista de Derecho Privado
Issue number42
DOIs
StatePublished - Jun 2022

Bibliographical note

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© 2022 Universidad Externado de Colombia. All rights reserved.

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