Revista de derecho (Valparaíso)
versión ISSN 0718-6851
ALCALDE SILVA, Jaime. Lost and Found items and the Right of the Creditor to Claim Found Items. Revista de Derecho de la Pontificia Universidad Católica de Valparaíso [online]. 2012, n.38, pp. 39-76. ISSN 0718-6851. doi: 10.4067/S0718-68512012000100001.
Article 1675 CCCh. [Chilean Civil Code]- legislative history of which shows that, to a great extent, Bello is its author in the “1853 Project” – entails that the thing owed got lost and the creditor received the price for it in return, but it subsequently reappeared without knowing its whereabouts in the meantime, and allows the creditor claiming the lost item, by giving back what s/he could have received for its price. Said right seems to impose a preference order among the remedies to the breach of contract, favoring the intent of fulfillment over other mechanisms to meet the interests of the creditor. However, when analyzing the rule, a series of problems related to both the occurrence of the event as well as to the juridical consequences following the claim of the reappeared thing by the creditor.
Palabras clave : Impossibility of providing the service; Breach of contract; Loss of owed things; Contractual liability.