LOS SUPUESTOS DE RESTITUCIÓN DE GANANCIAS ILÍCITAS EN EL DERECHO PRIVADO CHILENO

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.