El concepto de función correctiva de la buena fe y su recepción por la jurisprudencia chilena

This paper aims to explain the concept of good faith in its corrective function in the field of Private Law and how it has been reflected in the jurisprudence of the Higher Courts of Justice. First, a brief doctrinal summary is presented on the subject of contractual good faith as a general principle of Law, with emphasis on Chilean Law, analyzing the functions that good faith fulfills and highlighting the corrective function. Next, good faith is studied in its corrective function from the Aristotelian tradition of commutative justice and how it has been reflected in Comparative Law. A jurisprudential section is included to critically analyze the main sentences that have reflected and applied this function of good faith in recent years. The methodology consists of the analysis and study of the doctrine and the relevant sentences in the matter. Later, critical conclusions will be formulated about the doctrine and the jurisprudence analyzed

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Comparative International Legal Studies
Type
article
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article

El concepto de función correctiva de la buena fe y su recepción por la jurisprudencia chilena

Dialnet (Universidad de la Rioja)
Comparative International Legal Studies
article

El concepto de función correctiva de la buena fe y su recepción por la jurisprudencia chilena

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Abstract

This paper aims to explain the concept of good faith in its corrective function in the field of Private Law and how it has been reflected in the jurisprudence of the Higher Courts of Justice. First, a brief doctrinal summary is presented on the subject of contractual good faith as a general principle of Law, with emphasis on Chilean Law, analyzing the functions that good faith fulfills and highlighting the corrective function. Next, good faith is studied in its corrective function from the Aristotelian tradition of commutative justice and how it has been reflected in Comparative Law. A jurisprudential section is included to critically analyze the main sentences that have reflected and applied this function of good faith in recent years. The methodology consists of the analysis and study of the doctrine and the relevant sentences in the matter. Later, critical conclusions will be formulated about the doctrine and the jurisprudence analyzed

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions
Openalex Percentile: Top 42%
Comparative International Legal Studies
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