Revista chilena de derecho privado
versión On-line ISSN 0718-8072
URREJOLA SANTA MARIA, Sergio. THE EVENT GIVING RISE TO CONTRACT NON-PERFORMANCE AND SECTION 1547 OF THE CHILEAN CIVIL CODE. RChDP [online]. 2011, n.17, pp. 27-69. ISSN 0718-8072. http://dx.doi.org/10.4067/S0718-80722011000200002.
By merely construing the sections in our Civil Code and, in particular, Section 1547 thereof, Chilean legal scholars point out that the event giving rise to contract non-performance, that is to say, one of the factors to establish contract liability, arises upon the presence of two elements: failure to fulfill an obligation due and the fact that such failure hails from fraudulent or negligent conduct on the part of the debtor, the debtor's negligence being an essential element of contract liability. Throughout this paper, we intend to show that contract liability as set forth in the Civil Code may arise in the absence of the second element, that is to say, without fraud or negligence on the part of the debtor, and that, therefore, the scope of application of Section 1547 of the Civil Code is limited to the failure to fulfill certain obligations to perform an act only, which means that it is not general in nature. As a result, depending on the type of obligation, the Civil Code provides for both an event giving rise to contract non-performance based on the debtor's negligence, leading 28 to subjective contract liability, and another event which makes no value judgment on the debtor's conduct, leading to objective contract liability.
Palabras clave : event giving rise to contract non-performance; contract negligence; obligation of means; obligation of result; Section 1547 of the Civil Code.