DOI: 10.17151/jurid.2020.17.1.10
How to Cite
Munita Marambio, R. E. (2020). On the positive integration of risk as a foundation of civil liability and some of its consequences from the chilean and French legal experience. Jurídicas, 17(1), 187–202. https://doi.org/10.17151/jurid.2020.17.1.10

Authors

Renzo Esteban Munita Marambio

Doctor en Derecho por la Universidad Grenoble Alpes (UGA). Profesor Investigador en Universidad del
Desarrollo, Chile. 

Universidad del Desarrollo
renzomunita@udd.cl
https://orcid.org/0000-0003-2156-1416

Abstract

This work aims to address the integration of risk in civil liability schemes in some latitudes. Normative and doctrinal sources of Chilean and French civil liability have been reviewed with special interest. It is concluded that the immediate consequence of the risk, as the foundation of the compensatory institute, obeys to the formation of no guilt liability models, arriving in France to lay the foundations of a general principle of strict liability for the fact of things. It is agreed to adhere to the approach underlying the indicated principle. It is understood as an effective alternative in order to harmonize the changes caused by the multiplication of sector schemes. Although in Chile the phenomenon does not yet appear strongly, it is pertinent to prospectively postulate the tool, adopting the French experience as a parameter.

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