This work seeks to encapsulate the restitutionary claim established by articles 1458 and 2316 of the Chilean Civil Code within the theoretical framework of the disgorgement of unjust gains, in the context of the recent Inverlink cases. This framework is elaborated based on common law authors and cases. It is argued that the restitutionary claim is an application of the principle that justifies gain-based damages in general, according to which an intentional wrong cannot have the same consequences than a merely negligent wrong.
|Translated title of the contribution||The restitution of unjust gains and the disgorgement of profits gained by third-party's fraud claim|
|Number of pages||43|
|Journal||Ius et Praxis|
|State||Published - 2016|