INSTRUCTIONS TO AUTHORS
Scope and policy
Open Access Policy
This Journal provides immediate open access to its content, based on the principle that providing the public with free access to research helps to increase the global exchange of knowledge.
Content and Readers
The Journal is divided into three permanent sections: Doctrine, Comparative Doctrine and Jurisprudence and Commentary on Jurisprudence. In addition, articles may occasionally be published under the headings of Professional Opinion, Legislative Updates and Reviews.
The publication is aimed at academics, lawyers, judges and other players active in the legal system that, from both a theoretical and a practical perspective, seek to expand their knowledge in this area of law.
The Chilean Journal of Private Law is deeply committed to ensuring that the works it publishes meet the highest academic standards, including the ethical considerations generally accepted for this type of publication.
Commitment to the Dissemination of Knowledge
The Chilean Journal of Private Law is firmly committed
to the dissemination of information and knowledge while fully respecting
the non-pecuniary rights of the original authors. As such, all contents
are licensed for attribution under CC-BY.
Form and preparation of manuscripts
Works shall be submitted through the website of the Chilean Journal of Private Law and adhere to the following:
1. The Fernando Fueyo Laneri Chilean Journal of Private Law contains three permanent sections and three occasional sections. Of the permanent sections, the first, "Doctrine" focuses on the results of unpublished research. The second permanent section is "Comparative Doctrine and Jurisprudence” and contains scientific articles and commentary on foreign rulings. translated into English or Spanish. The third section, “Commentary on Jurisprudence,” contains brief critical analyses of salient Private Law judgments. Commentary may be submitted in the following areas of specialization: Law of Obligations and Civil Liability, Special Contracts, Property Law, Family Law, Inheritance and Patrimonial Regimes, Consumer Law, Commercial Law, Competition and Civil Procedure. The objective is to provide the audience with a critical study of relevant jurisprudence in a summarized format. All works will be submitted for evaluation by the Editorial Board and forwarded for peer review in a fashion which ensures the anonymity of the author.
Of the occasional sections, “Professional Opinion” contains commentary by legal scholars on a specific, case-related issue in their field of expertise. Professional Opinion manuscripts will be reviewed by the Editorial Board. Lastly, "Reviews" provides insight into domestic and international publications on Private Law. Works in all sections are subject to Editorial Board approval.
2. The papers to be published in the July and December issues each year will be received throughout the year, through the OJS platform. Submissions shall be single spaced, with no space between paragraphs and shall use footnotes, not endnotes. Text shall be in Times New Roman size 12 font with footnotes in size 10 font. Manuscripts shall be submitted electronically and formatted for 8.5" x 11" letter-sized paper. Works may be up to 40 pages in length, including the bibliography.
If the same author sends two or more works to the Chilean Journal of Private Law and they are accepted, only one of them will be published per year. The remaining work(s) will be published in successive editions of the Journal.
3. Papers submitted for the permanent sections of the Journal will be forward to two experts for a refereed, double-blind peer review. Review will be based on the following: subject matter on Private Law, original and unpublished analysis, quality of argumentation, research methodology (hypothesis and objectives) language and style, and bibliography and/or salient jurisprudence. Reviewers may recommend accepting the paper, accepting with corrections or rejecting the work.
4. Only original, unpublished works will be considered. Research may be published in two parts, in successive editions. The Journal's official languages are Spanish and English. Papers in other languages must be translated into English or Spanish. If this is the first translation produced, the work will be deemed unpublished.
5. All papers, except those in Reviews shall be accompanied by an abstract of no more than 200 words in English and Spanish as well as no more than five key words in Spanish and English.
6. The name of the author and the university or institution of affiliation shall be presented under the title of the paper. At the bottom of the first page, the author will indicate the highest academic credential he or she holds and the granting institution. The author shall also indicate there the postal address for the University, think tank or institution of affiliation and provide a work email address.
If applicable, the source of funding for the work, or the fact that it is a document (or extract) produced in the context of an undergraduate or postgraduate program, should also be disclosed. In the latter case, a letter from the professor supporting the application to the Chilean Journal of Private Law shall be provided.
7. The body of the text shall be divided into sections using Roman numerals.
Each paragraph may be subsequently divided using Arabic numbers, followed by a period (1.). Should subsequent subdivisions be made of a paragraph, they will be listed with letters followed by a close parenthesis [a), b), c), etc.].
8. As a fundamental prerequisite, authors shall spell out all abbreviations and acronyms and provide a complete list of them with their submission.
9. Citations of bibliography, regulations and jurisprudence shall adhere to the following standards:
NCh1143.Of1999 Documentation - Bibliographic references - Content, form and structure. Equivalent to ISO 690.
NCh1143 / 2. Of2003 Information and documentation - Bibliographical references - Part 2: Electronic documents or parts thereof Equivalent to ISO 690-2.
10. Bibliography Cited. Complete references to the bibliography cited shall be included at the end of the work, under the title "Bibliography Cited.” All references to books, book chapters, journal articles or publications in electronic format must be included and alphabetically listed according to the author's surname in small caps.
Examples of complete reference:
Book: FERRANDO, María de Lourdes (1999). La información de las entidades de crédito. Estudio especial de los informes comerciales bancarios. Valencia: Tirant lo Blanch.
Chapter of book or compilation: GUZMÁN BRITO, Alejandro (2008). “Las prendas ordinaria y sin desplazamiento de la ley N° 20.190, recaídas en cosa ajena”, in Fabricio MANTILLA y Carlos PIZARRO (coords.). Estudios de Derecho Privado en homenaje al profesor Christian Larroumet. Santiago: ediciones de la Fundación Fernando Fueyo Laneri.
Journal articles: REMY, Phillippe (2002). “Planiol: un civiliste à la Belle Epoque”. Revue Trimestrielle de Droit Civil, January/March.
Translations: ZIMMERMANN, Reinhard (2008). El nuevo derecho alemán de obligaciones. Un análisis desde la Historia y el Derecho comparado. (trad.) Esther ARROYO I AMAYUELAS. Barcelona: Bosch.
Electronic Documents: PIZARRO, Carlos (2007). “¿Puede el acreedor poner término unilateral al contrato?”. Ius et Praxis, vol. 13, N° 1. Available at: https://scielo.conicyt.cl/scielo.php?script=sci_arttext&pid=S0718-00122007000100002. [Viewed on: July 23, 2020].
Footnotes to cited bibliography shall be presented as follows: Author's last name in SMALL CAPS, year of publication (in parenthesis), page number for the reference.
Readers may obtain complete data for the reference in "Bibliography Cited" section.
Examples of abbreviated reference:
Works with one author: FERRANDO (1999), pp. 22-24.
Works with two authors: MANTILLA y PIZARRO (2008), pp. 401-422.
Works with three or more authors: DÍEZ-PICAZO, Luis et al. (2002), p. 54.
Two or more works by the same author published the same year: CORRAL (2008a) and CORRAL (2008b).
11. Regulations Cited. The complete references of regulations cited shall be included at the end of the work, under the title "Regulations Cited." All legal or regulatory references must be included. In the case of legislation, the official name, number, title of the publication in which it officially appears and date of publication (day, month, year) shall be cited. This requirement does not apply to national Constitutions or Codes. It shall suffice to mention them by their official name.
Example of a complete reference: Law #19.496, Normas sobre protección de los derechos de los consumidores. Official Gazette, March 7, 1997.
Regulations shall be footnoted in abbreviated form as follows: Name or number of the law and year of publication.
Readers may obtain complete data for the reference in the "Regulations Cited" section.
Example of abbreviated reference: Law #19.496, 1997.
12. Jurisprudence Cited The complete case citations shall be included at the end of the work, under the title "Jurisprudence Cited." Citations will be listed chronologically and alphabetically by the name of the parties. Citations will include the parties, case number, court, date and place of publication.
Judgments shall indicate the name of the parties and the year of publication (in Roman numerals between parenthesis), followed by a colon (:) the name of the issuing court, date the ruling was issued (day, month, year), case number and where the decision was published using complete or abridged citation including volume, year, section and page or identifying number if cited from an electronic database.
Examples of complete references: Gabriel Francisco Retamal García con Comercial Automotora del Maule S.A. (2003): Supreme Court, July 24, 2003, Rol Nº 1726-2002 in Gaceta Jurídica, 277, p. 245 and ss.
Aldo Rojas Riobo con Aguas del Altiplano S.A. (2008): Iquique Court of Appeals, March 10, 2008, Rol Nº 165-2007, Legal Publishing CL/JUR/5359/2008.
Rulings shall be footnoted in abbreviated form as follows: The name of the parties shall be listed in italics, followed by the year the judgment was issued (in parenthesis, no italics).
Readers may obtain complete data for the reference in "Jurisprudence Cited" section.
Example of abbreviated reference: Rozas Vial con
Párroco de San Roque (1984).
Ethical guidelines and statement on poor practices
The publication of an article in the Chilean Journal of Private Law of the Fernando Fueyo Laneri Foundation constitutes a commitment to the advancement of knowledge in the legal field. The ethical commitment of all parties involved in this undertaking is therefore required, including authors, the editorial team, editorial board, reviewers of each work and other individuals responsible for publishing the Journal.
Authors of original articles may present only manuscripts based on original research. Thus, a work is not considered unpublished if the author has published -or is in the process of publishing- all or part of it in any other medium.
If the work or the ideas of a third party has served to inspire the paper presented, such work, ideas or inspiration must be recognized in keeping with applicable rules on citation and acknowledgment.
Similarly, when authorization to use a previous work is required, such authorization must be secured.
Authorship shall be limited to those who have made a substantial contribution to the research. All researchers making a substantive contribution are deemed authors. They must all consent to the publication of the work.
Information shall be cited in such a fashion that allows readers to identify and access the sources used. For purposes of review and referee analysis, authors may occasionally be asked to submit the information used in the preparation of their work. They are also expected to preserve such data for a reasonable period following publication.
The author may not submit the same work to various publications nor submit a paper that partially or substantially contains research that has already been published elsewhere. Any uncertainty in this regard shall be stated upon submission of the manuscript.
The source of the funding of the work must be noted in the article as well as any conflict of interest that may impact the impartiality of the investigation. This would include, for example, a legal brief or opinion financed by the defense of a given party.
Should authors discover any errors or inaccuracies following
submission, they must inform the editor of the Journal as soon as possible
and include corrections.
Procedure in cases of unethical behavior
Any person who detects unethical behavior involving the Journal may report it by any reasonable means at any time to the Director. The report may also be made by any member of the Journal's Editorial Team or Board who has knowledge of these events. The time at which the offence was committed is immaterial.
Unethical behavior includes: plagiarism; omission of references to co-authorships; failure to identify sources used; the total or partial submission of writings already published; the use of unpublished articles by a reviewer, the Director or of a member of the Editorial Board; the review of a manuscript when there is a conflict of interest; and, in general, any conduct other that compromises the purposes of this publication, that is, to promote the advancement of knowledge on private law.
All complaints must be accompanied by supporting documentation sufficient to prove the plausibility of the allegations. Upon receipt of a complaint and the supporting documentation, an investigation shall commence. The objective of this investigation will be to adequately evaluate the existence - or lack thereof - of the conduct alleged.
The investigation will proceed without unnecessary formalities in an expedient fashion. Sufficient information shall be gathered, including, potentially, the participation of experts. The person accused of unethical behavior shall always be granted an opportunity to refute the allegations.
The procedures used in processing complaints shall be those prepared by the Committee on Publications Ethics as set forth in Committee on Publications Ethics at https://publicationethics.org/files/Full%20set%20of%20English%20flowcharts_9Nov2016.pdf.
Until a decision is reached regarding the alleged violation, the investigation shall remain confidential. Efforts shall be made to avoid unnecessary harm to the reputation of the individual under investigation. Notwithstanding the above, the Director of the Journal, with the consent of the majority of the members of the Editorial Board, may adopt preventive measures aimed at safeguarding the commitment of the Journal to scientific knowledge.
Violations may be minor or serious. In cases of minor violations, a ruling will be issued expediently by the Director following consultation with two members of the Editorial Board. In the case of serious violations, all members of the Editorial Board shall be informed. They will ascertain whether an outside expert needs to be called and determine whether the employer of the person under investigation needs to be informed.
By default, violations will be considered minor, unless the Editorial Board deems them serious following initial inquiries.
Upon completion of the investigation, the following measures may be taken, in keeping with the severity of the violation:
Sending of manuscripts
The papers to be published in the July and December issues each year will be received throughout the year, through the OJS platform, available at www.rchdp.cl.
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Fundación Fernando Fueyo Laneri
Avenida República N° 112, segundo
Santiago - Chile
Tel.: (56-2) 2676 8805