Revista chilena de derecho
versión On-line ISSN 0718-3437
HENRIQUEZ HERRERA, Ian. THE LIMITS OF THE EFFECTS OF CONTRACTS ON THIRD PARTIES: A COMMENT REGARDING CHILEAN SUPREME COURT JUDMENT'S ON JANUARY 25TH 2011. Rev. chil. derecho [online]. 2012, vol.39, n.2, pp. 513-522. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372012000200011.
In this article, we expect to show how contracts have effects regarding third parties and how such effects require some delimitation. In doing so, we identify, describe and analyze several cases in which agreements produce effects to no parties. Therefore, we propose a new system of concepts to explain the effects of contracts, specially the named “absolute effect”. In this system, the efecto expansivo has a preeminent place. Finally, we analyze a recent judgment from the Chilean Supreme Court regarding this topic.
Palabras clave : Contractual damages and losses to third parties; privity of contract exceptions; contracts effects to third parties.