La prohibición de ir contra acto propio en la justicia civil chilena

Translated title of the contribution: The doctrine of estoppel in Chilean civil justice

Research output: Contribution to journalArticlepeer-review

Abstract

The doctrine of estoppel is a typical scenario of violation of the procedural good faith which content and limits have not been defined by the Chilean law yet. This paper analyzes both interpretations-a broad one and a narrow one-containing the civil jurisprudence regarding this duty of consistency and the way in which they affect the right to defense of the parties. The paper distinguishes between a secondary application (obiter dicta) and a residual application of this duty, the latter being a judicial control of the litigant's legal arguments in situations of abuse, deception and manifestly dilatory strategies. The procedural effect of infringing this duty is the inadmissibility of the inconsistent action. This effect is consistent with other specific measures such as the payment of costs and the compensation for damage caused.

Translated title of the contributionThe doctrine of estoppel in Chilean civil justice
Original languageSpanish
Pages (from-to)273-296
Number of pages24
JournalRevista de Derecho
Volume33
Issue number1
DOIs
StatePublished - Jun 2020
Externally publishedYes

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