Precontractual liability in Chilean private international law

Chilean law has no specific conflict rules to determine the law governing precontractual liability in the negotiation of international contracts; this absence of rules generates legal uncertainty for the negotiating parties to these contracts, when linked to Chile. To ascertain this law, Chilean courts need to make an extensive and teleological interpretation of general conflict rules in force that points to different applicable laws. It is convenient that this interpretation is done harmoniously by courts following certain guidelines -as those given in this paper- to obtain congruent judgements between Chilean courts and foreign competing courts. These guidelines should be flexible and guarantee a governing law that is predictable, fair, and reasonably connected to the precontractual claim. De lege ferenda, it is advisable that Chilean Private International law includes specific conflict rules on precontractual liability. They could be modelled on those of Rome II Regulation and be flexible by using alternative connecting factors that help to ascertain the most appropriate national substantive law to govern cases on this liability.