TY - JOUR
T1 - LOS SUPUESTOS DE RESTITUCIÓN DE GANANCIAS ILÍCITAS EN EL DERECHO PRIVADO CHILENO
AU - Emhart, Alberto Pino
N1 - Publisher Copyright:
© 2019 Pontificia Universidad Catolica de Chile. All rights reserved.
PY - 2019/5
Y1 - 2019/5
N2 - This work identifies the cases of disgorgement damages in the context of Chilean private law. These are restitutionary damages developed mainly by German and English scholars, to recover wrongful gains, obtained as a consequence of an infringement or invasion to property rights, a breach of fiduciary duties, or a tort. The objective of the paper is to identify, from the perspective of the main features clarified in comparative law, the cases established expressly by positive law in Chilean private law, in order to be able to adequately analyze some common problems that arise as a consequence of being qualified as disgorgement damages.
AB - This work identifies the cases of disgorgement damages in the context of Chilean private law. These are restitutionary damages developed mainly by German and English scholars, to recover wrongful gains, obtained as a consequence of an infringement or invasion to property rights, a breach of fiduciary duties, or a tort. The objective of the paper is to identify, from the perspective of the main features clarified in comparative law, the cases established expressly by positive law in Chilean private law, in order to be able to adequately analyze some common problems that arise as a consequence of being qualified as disgorgement damages.
KW - Account of profits
KW - Law of restitution
KW - Tort law
KW - Unjust enrichment
UR - http://www.scopus.com/inward/record.url?scp=85084230338&partnerID=8YFLogxK
U2 - 10.4067/S0718-34372019000200373
DO - 10.4067/S0718-34372019000200373
M3 - Review article
AN - SCOPUS:85084230338
SN - 0716-0747
VL - 46
SP - 373
EP - 398
JO - Revista Chilena de Derecho
JF - Revista Chilena de Derecho
IS - 2
ER -