Abstract

ERBETTA, Andrés. Contractual Responsibility According to Article 1945 of the Chilean Civil Code (2003 Colombian Civil Code). Opin. jurid. [online]. 2019, vol.18, n.36, pp.109-134. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v18n36a5.

In this paper, Art. 1945 of the Chilean Civil Code (2003 of the Colombian Civil Code) is dogmatically analyzed to determine the function fulfilled by the notion of negligence in that provision, and the scope of the indemnification of damages and the causes of exoneration in the lease agreement, to end with an analysis on the option of remedies in light of said precept. Based on this research, it is concluded that fault must be understood as referring to the contractual breach of the obligations of the lessee. In the same way, it is discarded that guilt, understood as the reproach to the behaviour of the debtor, constitutes an element of contractual responsibility.

Keywords : breach of contract; damages nature; solution options.

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