Revista chilena de derecho
versión On-line ISSN 0718-3437
CORRAL TALCIANI, Hernán. LIABILITY IN THE CONSTRUCTION OF BUILDINGS: DISCUSSION ABOUT THE DIFFERENT LEGAL PATHS TO RECOVER DAMAGES CAUSED BY 27, 2010 EARTHQUAKE. Rev. chil. derecho [online]. 2010, vol.37, n.3, pp. 459-475. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372010000300003.
After February 27, 2010's earthquake in Chile, there have been much controversy on whether or not construction companies are liable of damages caused by collapse of their buildings. This work explores the different legal paths the victims can use to recover damages. Two of them are strict liability systems: the General Law of Urbanism and Constructions system of companies' liability, and articles 2003, 2004 and 2324 of the Chilean Civil Code. To these, the author adds the common system of liability by fault consecrated in Article 2314 of the Chilean Civil Code. The article provides analysis of the alternative causes of action offered to the victims and their requirements. It also discusses possible causes of exoneration by Defendants, in particular act of God , fulfillment of legal duties, and prescription.
Palabras llave : Torts; Strict Liability; Construction; Earthquake; Act of God; Limitation Periods.