Resumen

GONZALEZ CASTILLO, JOEL. THIRD-PARTY’S FRAUD: PROFIT CLAIM, ITS LEGAL NATURE, SCOPE OF ARTICLE 1458 SUBSECTION 2 OF THE CHILEAN CIVIL CODE AND THE NULLITY OF THE CONTRACT. Rev. derecho (Concepc.) [online]. 2020, vol.88, n.247, pp.221-243. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd247-7jgda10007.

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The purpose of this paper is to analyze third-party’s fraud regulated in subsection 2 of article 1458 of the Chilean Civil Code. It is structured as follows: first, the legal nature of the action is studied for the benefit of the deceitful act of a third party (compensatory or restitutionary), concluding, based on the arguments developed, that is a reparative action; then, the relationship between said norm and as to whether it refers only to those who obtain profit as a result of the contract in which they acted with fraud, or also includes those who in good faith obtain benefits from that fraud through a subsequent contract; next, the relationship between article 1458 and what is known as fault compensation (art. 2330); and finally it is argued why faced with the decisive fraud committed by a third party, the sanction should be the nullity of the act or contract, as it happens with force, in that it is indifferent of who emanates.

Palabras clave : third party`s fraud; vitiated consent; compensation of damages; restitutionary claim; nullity; contributory negligence.

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