Resumo

SELMAN NAHUM, Arturo. THE PENAL CLAUSE IN THE CONTRACT OF LEASING AND HIS NULLITY FOR LACK OF CAUSE: AN EVOLUTION IN THE JURISPRUDENCE. Rev. chil. derecho [online]. 2011, vol.38, n.3, pp. 611-622. ISSN 0718-3437.  doi: 10.4067/S0718-34372011000300008.

The present work analyzes the sentence pronounced by the Supreme Court with date March 2, 2010, in resource of cassation in the background, which comes to change radically the criterion seated in the last years into the Court of Appeals of Santiago, which has repeatedly declared the absolute nullity of a penal clause agreed in a contract of leasing, considering that she has no cause.

Palavras-chave : lack of cause; illicit cause; penal clause; contract of leasing.