ISSN 0718-3437 online version
ISSN 0716-0747 print version

INSTRUCTIONS TO AUTHORS

Invitation to authors

The RChD encourages to national and foreign contributors –law graduates, professors, lawyers, judges and professional researchers of other sciences (e.g. economists)– to submit their manuscripts in our journal, which could contribute to the Chilean Law.

Process review

The RChD has as policy for publishing articles or comments of cases, which have passed firstly to the editorial board’s admission vote. Secondly, those articles or comments of cases have two reviews at least by anonymous peers from a prestigious academics list.

The evaluation guidelines applied by the peers, and by the editorial board, considers the content, current interesting, scientific and technical nature of the topic, treatment, developing and scientific research methodology of the piece, quality and currently bibliographical sources.

Instructions for contributors

1. Interesting topics. The RChD publishes originals and unknown investigation pieces about law disciplines and close related juridical sciences.

The manuscript could be or become in:

  1. An article;
  2. A comment of case;
  3. A book review; or
  4. An essay or report.

2. Sending originals pieces and lenght. One copy must be printed and sent to the RChD’s address as is shown below, and another delivered by an electronic medium (CD, email, etc.):

  • Revista Chilena de Derecho
    Av. Libertador Bernardo O'Higgins Nº 340, Santiago
    Chile

Manuscripts have to be written in Spanish and considering simple space between their text’s lines. As well, they must be readable under Microsoft Word™ or compatible software. All material should be appear in Roman type letter except as otherwise specified below. Roman text is plain text—no underlining, italicization, bolding, special capitalization, or unusual positioning.

Book reviews, essays and reports try to have no more than 10.500 characters (with space).

Articles and comments of cases can have an extension of no more than 134.000 characters (with space), included footnotes, bibliography and eventual appendixes. In the first page consider the title of your manuscript in English and Spanish, your name(s), affiliations, mailing address, telephone number(s) and email address. Then, include two abstracts and keywords, both in English and Spanish. The abstracts must not exceed 200 characters and provide that the keywords have between tree and five words.

The affiliation must mention your university degree in order from lawyer degree to doctorate degree, next to the university that bestowed it on you.

The professional attorney’s title means lawyer degree, so it also has to refer to the university where you studied.

Other studies reference, jobs, has to be put immediately after the professional title or academics degrees.

Others like special thanks, dedications or references to scientific projects financing by public or private institutions, must be included as footnotes before the beginning of the main text indicated with an asterisk (*).

3. Responsibility of the editor-in-chief and copyright. The pieces sent to our Law Review, which have been published or are being evaluated by others Law Review or magazines, must sent to us with a letter consider this situation. An original manuscript means that it has not been published in other journals or Law Review and the author will not send the piece to other periodicals to publish it while our process review is being executed. We strongly recommend that you submit your manuscript to us exclusively. Our review process is lengthy; unlike many journals, we require faculty reviews and a vote of our entire staff before we can accept a piece to publish.

A contract will be signed between the editor-in-chief and the contributor before the publish is been done by us, in this contract the author transfers to our journal the copyright, distribute and sell the piece, in the form and conditions stipulated in the contract and in general mentioned there.

The editor-in-chief will have the right to publish the piece by graphic press or magnetic medias under the guideline that the editor-in-chief establishes. Sold out the issues, the editor can publish others of the same work, taking into account the market conditions.

The editor-in-chief will have too, without restrictions, the exclusive right to publish the piece, reproduce, distribute, transfer, authorize and exploit commercially by any form, known or unknown until now, in Chile and in other countries. This exclusive right considers electronic and optic media and web pages.

The license also allows the editor-in-chief to work on the manuscript, making abbreviations, translations or correcting possible mistakes in the quotations according to the notes format explained below.

The contract obligates the contributor to: a) transfer to the editor-in-chief the property free charge, any encumbrances based on the warranty of title and right of possession; b) pay any damage compensation by an incompliance of his or her contractual obligations. In case the contributor was not the author or does not have the copyrights, the editor-in-chief can sue looking for damage compensation caused by; and c) deliver to the editor-in-chief the manuscript ready for its edition according to the times and requirements fixed by the RChD.

The piece content is entire liability of the author. In consequence, if by any reason or motive, directly or not, the editor-in-chief were sentenced by a court or obligated by a private transaction contract or other similar to pay any compensation to third persons arisen by the issue of a piece, the RChD can sue against the author the sum of the damage caused more legal interests, readjustments and judicial costs.

The contract for transferring the copyrights between the editor-in-chief and the contributor must be signed seven days since the contributor receives the approval letter for publishing in our Law Review. The incompliance by the contributor of this obligation authorize us to not publish the piece until the contributor signs the contract.

4. Publish process. The RChD decides to publish a manuscript after the editorial board’s vote and at least two approved reviews by anonymous peers. In case the author belongs to the Pontificia Universidad Católica de Chile, the peer review will be done by outside academics of our university. Authors whose piece has been approved could be required to correct their papers for printing tests, which must come back in brief. The author is not allowed to make important changes in the text on these printing tests and must respect the last version accepted by us.

5. Editor-in-chief's obligations after the manuscript's publication. Editor-in-chief's obligations include giving the author a number of our journal that incorporates the author's piece and twenty offprint of the manuscript when it is an article or comment of case, and five offprint when it’s a book review, an essay or a note.

RULES FOR BIBLIOGRAPHICAL REFERENCES

The author has to cite the information sources used in his or her manuscript, identifying at least the author‘s or editor‘s full name given on the first page of the source cited and the year of its publication. The author should indicate the page number where notes can be located. The goal is to afford simple and clear citations that make finding sources as easy as possible.

This is a short citation format that complete references have to be put in alphabetic order at the end of the piece as well as references to cases, statutes and other sources.

The bibliographical references must respect the following citation rules:

  • NCh1143.Of1999 Information and documentation – Bibliographic references – Content, form and structure; similar to rule ISO 690: 1987.
  • NCh1143/2.Of2003 Information and documentation – Bibliographic references – Part 2: Electronic documents or parts thereof; similar to rule ISO 690-2.
CITATION RULES’S ABSTRACT AND ILLUSTRATIVE EXAMPLES

I. COMPLETE BIBLIOGRAPHICAL REFERENCES

1. Printed and electronic books, book’s chapters and periodical’s articles. Complete references to books and periodic publications must be cited at the end of the piece under the title “BIBLIOGRAFÍA CITADA”.

The sources must be cited if they were used in the piece and put them in alphabetical order according to the author‘s or editor‘s first surname.

The reference will indicate the total number of pages of the books cited, and the initial and final pages of the periodical’s articles or the book’s chapters where the quotation can be located.

In all references, the author‘s or editor‘s surnames must be written with VERSALES effect character.

Examples:

a) Book: GUZMÁN BRITO, Alejandro (2005): De las donaciones entre vivos. Conceptos y tipos (Santiago, Editorial LexisNexis) 299 pp.

b) Translated books: LE TOURNEAU, Philippe (2004): La responsabilidad civil (Traducc. Javier TAMAYO JARAMILLO, Bogotá, Editorial Legis). 204 pp.

c) Book’s chapters: HÜBNER, Ana María (1998): “Los bienes familiares en la legislación chilena”, en: CORRAL, Hernán (edit.), Los regímenes matrimoniales en Chile (Santiago, Universidad de los Andes) pp. 101-146.

d) Periodical’s articles: MANSON, Manuel (1978): “La lógica formal y los juristas”, Revista Chilena de Derecho, vol. V Nº 1-6: pp. 202-215.

e) Books, book’s chapters and periodical’s articles in internet: BERMÚDEZ, Jorge (2005): “El principio de confianza legítima en la actuación de la administración como límite a la potestad invalidatoria”. Disponible en: <http://www.scielo.cl/scielo.php?pid=S0718-09502005000200004&script=sci_arttext> [fecha de consulta: 19 de Diciembre de 2006].

2. Constitutions, statutes, rules of practice, treaties and other international agreements. Complete references to these sources must be cited at the end of the piece under the title “NORMAS CITADAS” which goes after the complete references to books and periodicals.

The laws appeared across the piece must be cited and put in alphabetical order according first kind of law. Between them, order by their number if they have one with reference to the public entity which created them if that is necessary (e.g Ministerio de Justicia) and then by their official names or titles, if they have one. After that must be included date (day, month, year) when they were created or issued in the Diario Oficial de Chile.

Examples:

a) Ley Nº 18.525, Normas sobre importación de mercancías al país. Diario Oficial, 30 de junio de 1986.

b) Decreto Supremo N° 685 del Ministerio de Justicia, Que Crea un Sistema de Reinsersión Social de los Condenados en Base a la Observación de Buena Conducta. Diario Oficial, 23 de septiembre de 2003.

3. Cases. Complete references to cases must be cited at the end of the piece under the title “JURISPRIDENCIA CITADA” which goes after the complete references to laws.

Only cite the pieces appeared across the piece in alphabetical order according to the first party named in the cited case and then by the sentence’s year of.

A complete reference must consider the party’s names, the court and the sentence’s date. Although, cites will make reference to the journal’s book or the sources where sentence was reported.

See the next specific rules for citing cases:

a) The party’s names must be written in italics character followed by the sentence’s year between brackets and tagged on by colon (:). Replace this by the kind of lawsuit when the reference belongs to Constitutional Court’s sentence.

b) After the colon, goes the name of the Court which pronounced the sentence as Supreme Court; Appellate Court, Trial Court; Constitutional Court or other. Follow after a comma (,) continues the sentence’s date indicating: day, month (in words) and year.

c) Try to include information about the proceedings. This is not necessary when is about a Constitutional Court’s case.

d) When the reference to the sentence is indirect, after a comma (,) provide sentence report of, where can be found it, according to the citation rules for books and periodicals mentioned above. If sentence has been reproduced in two different sources, only must be used the script mentioned.

Examples:

a) Tamaya con Atocha (1999): Corte Suprema, 6 de abril de 1999 (acción de nulidad de concesión minera), Revista de Derecho y Jurisprudencia, tomo 96 (1999), II, sección 7ª, pp. 65-73.

b) Requerimiento de inconstitucionalidad de la Resolución Exenta N° 584 del Ministerio de Salud, la cual aprueba Normas Nacionales sobre Regulación de la Fertilidad, de 1 de septiembre de 2006: Tribunal Constitucional, 11 de enero de 2007.

II. SHORT BIBLIOGRAPHICAL REFERENCES (FOOTNOTES)

Prefer footnotes over endnotes. All the footnotes must be ordered with a superscript Arabic number before. In them will be included, between other notes, short references to books, periodicals, laws or cases, and exceptionally, references to unfinished scripts or papers.

Optionally, short cites can be include between brackets into the main text and not as footnotes. See the examples below:

1. Printed and electronic books, book’s chapters and periodical’s articles. In the references to books and periodicals publications only include the first author’s surname with VERSALES print effect followed by his publication’s year of between brackets and then the number(s) page(s) where the quotation appears. We recommend to avoid using cites which have not been confronted with the manuscript’s text or not support their arguments.

Examples:

a) For reference to sources with one author: “… (MANSON (1978) p. 52) …”

b) For reference to sources with two authors (link the surnames with an “y”): “… (ALESSANDRI y SOMARRIVA (1974) p. 392) …”

c) For references with three or more authors write just the first author’s surname must be followed by et al. [from latin et alii which means and others], but cite all of them in the complete reference put at the end of the piece: “… (EMBID et al. (2002) p. 94) …”

d) If appears two or more sources from different authors with same reference, put between brackets all the surnames followed by their respective publication’s years and page’s numbers, separating each source by a semicolon: “… (ALSANA (1984) p. 51; COLODRO (1986) p. 41; LÓPEZ y MUÑOZ (1994) p. 32) …”.

e) To mention authors who have two or more publications in the same year, a lowercase, starting in type “a” it will be join at publication’s year: “… (GUZMÁN (2005a) p. 15 y GUZMÁN (2005b) p. 54)…”.

f) Materials cited word by word must be put as well as the source appears. Furthermore, it must being written in italics print and included in the piece between quotation marks (“”). Tag on the short reference between brackets: “El perjuicio virtual es aquel que existe en potencia en el acto incriminado, que conlleva en sí todas las condiciones de su realización” (LE TOURNEAU, 2004, p. 67)”.

As was explained, the readers can verify all the references in their complete form at the end of the document under the title “BIBLIOGRAFÍA CITADA”.

2. Constitutions, statutes, rules of practice, treaties and other international agreements. The short way to cite references to law, is quoting the kind of law (constitución, ley, autoacordado, etc.) plus his number if it has one and the public entity which created, if that is necessary. After a comma, must consider year’s publication or public appearance.

Examples:

a) Ley Nº 18.525, de 1986.

b) Decreto Supremo N° 685 del Ministerio de Justicia, de 2003.

Complete citation forms will be at the end of the document under “NORMAS CITADAS” title.

3. Cases. A short reference must indicate only the party’s names in italics and the sentence’s year when it was pronounced between brackets.

Example:

Tamaya con Atocha (1999).

A sentence of the Constitutional Court must mention the kind of lawsuit and statute or statute’s art(s) questioned, with the case’s number between brackets, followed by a comma(,) with the sentence’s year.

Example: Requerimiento de inconstitucionalidad de la Resolución Exenta N° 584 del Ministerio de Justicia del 1 de septiembre de 2006 (Rol N° 591), de 2007.

Complete citation form will be at the end of the document under the title “JURISPRIDENCIA CITADA”.

HOW TO CITE THE REVISTA CHILENA DE DERECHO

The Revista Chilena de Derecho must be cited in its complete serial title or in its abbreviation form (RChD) if the publishing house’s citation rules allow to. It must be not translate from Spanish language to others languages.

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Pontificia Universidad Católica de Chile
Facultad de Derecho

Alameda #340, Piso 3
Santiago - Chile
Tel.: (56-2) 2354 2961
Fax: (56-2) 2686 2964


revchder@uc.cl