El razonamiento probatorio para el análisis de la causalidad en la responsabilidad civil: Estudio de la jurisprudencia chilena

Translated title of the contribution: The evidentiary reasoning in causation in civil liability: The legal criteria on which Chilean jurisprudence is based

Lilian C. San Martín Neira, JORGE ANDRES LARROUCAU TORRES

Research output: Contribution to journalArticlepeer-review

Abstract

This article describes the evidence reasoning in civil liability judgments in relation to causation. Based on modern literature and regulation and evidentiary rules, as well as Chilean civil case law on medical responsibility and arising from natural disasters, the article demonstrates that the judges has two strategies to deve-lop this evidentiary reasoning: first, to have for accrediting the causal link by proof of negligence; and, second, when this functional connection between negligence and causation is not possible, the judgments to turn to other legal criteria, both general (presumptions, free evaluation of evidence and standards of proof) and specifics (loss of opportunity and evidential damage principie).

Translated title of the contributionThe evidentiary reasoning in causation in civil liability: The legal criteria on which Chilean jurisprudence is based
Original languageSpanish
Pages (from-to)329-359
Number of pages31
JournalRevista de Derecho Privado
Issue number40
DOIs
StatePublished - Dec 2020
Externally publishedYes

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