Civil Action and Responsibility
Wolfenson Abogados provides its clients with the appropriate legal tools for a civil claim for compensation for damages.
When talking about compensation for damages we must always keep in mind the existence of a liability. This responsibility is classified as contractual or non-contractual depending on whether the damage has originated from a breach of contract or if it comes from the execution of an unlawful or negligent act.
Both types of liability share a common objective consisting of giving rise to a civil action or claim for compensation for damages in order to financially repair the damages that have been suffered by the action or omission of a third party.
Wolfenson advocates for the damages that his clients deserve.
Here is a legal guide to provide you with guidance on compensating for damages:
What is compensation for damages and when does it apply?
The Compensation for Damages either compensation for damages corresponds to the action that can be requested, be it the contract creditor o the victim of damage, for demand from the debtor or causing him repair your heritage those damages that he must have suffered. to get bliss compensation should always have the professional advice of a wolfenson attorney in order to prepare, file and process the civil lawsuit adequate.
What is compensation for damages for contractual and tort liability?
Thecompensation for damagesincontractual matter(the one that proceeds when there is a contract) can be defined as theright of the creditorfordemand payment from the debtorof an amount of money equivalent to the damage suffered as a result of his breach of contract. This right is based on the fact that no one can be injured in their patrimony by an act of another without right to demand reparation, as well as the fact that the person who violates an obligation receives a penalty established by law.
For her part, the compensation for damages for non-contractual liability emanates from those damages that are not related to any prior contract between the parties, for example, damages caused by a car accident waves physical injuries produced by a assault or crime.
Wolfenson Lawyers represents its clients in the proper filing of civil actions of liability and compensation for damages, whether it emanates from a contractual or non-contractual liability.
What kinds of compensation are there?
In general, the law distinguishes betweencompensation for direct damageor emerging,loss of profitandmoral damage.
He damages, refers to that damage caused directly by the breach of contract either act illicit of a person. For example, in case of damage to a property, would correspond to the cost of repairing those damages.
He loss of profit, refers to that damage produced in the labor sphereof the affected person. That is, derived from temporary or permanent inability to work. For example, the compensation for loss of earnings about a doctor who has been seen unable to work for a month due to the responsibility of another person or company, would correspond to the income that this doctor stopped receiving during that month.
finally the moral damage, It corresponds to psychological and emotional damage that the harm has caused to the affected person. Due to the abstraction of said damage, it must always be reliably proven during the trial.
What are the contractual liability requirements?
They must attend following requirements:
1.let there be breach of obligation.
2.That he breach of obligation be attributable to the debtor.
3. That the debtor is in mora.
4.That breach of obligation originate a damage to the creditor.
What are the requirements of tort liability?
They must attend following requirements:
1. Existence of a damage.
2.That he attributable damage to the guilt or fraud of the counterpart
3. Causal relationship between the fraud, guilt and damage
What is a civil lawsuit or civil action?
First of all, los Wolfenson Civil Law Attorneys, consider it relevant to clarify the concept of demand in Chile.
Demand refers to that legal act procesal that expresses a factual situation of legal relevance, accompanied by specific requests for the purpose of being considered favorably by a court, for the purpose of the latter ruling on said claims through a ruling or judicial sentence.
It is appropriate to bear in mind that A lawsuit is a highly technical, solemn and specialized act, which must incorporate and comply with a series of formal requirements for its admissibility, contemplated in the Code of Civil Procedure.
In turn, the Wolfenson law firm defines a civil claim as the type or class of claim that a natural or legal person files beforeChilean Courts of Justice in order to obtain a pronouncement on any area that is related to the civil law, such as the private right in general,Family right, business or corporate law, inheritance law, contract law, real estate law, consumer law, among others.
In this way, a civil lawsuitIt normally starts when, after a conflict or civil wrong, the person who has filed a lawsuit hopes, for example, to annul a legal act or contract, rectify a factual situation, collect a debt, recover or restore a certain asset, or directly Wish to be compensated for damages caused against him. The latter is the most classic and recurring example of a civil lawsuit in Chile, linked to the contractual or non-contractual civil liability previously reviewed.
What are the requirements the claim must meet?
In accordance with the provisions of el article 254 of the code of civil procedure, the claim must contain:
The court appointment before whom it is filed.
He name, address and profession or letter of the plaintiff and of the persons who represent him, and the nature of the representation.
He name, address and profession or letter of the defendant.
The clear statement of facts and legal grounds on which it rests
The precise and clear enunciation of the requests concrete submit to court ruling.
Where should a civil lawsuit be filed?
By way of illustration, A civil lawsuit in Chile must be filed before the Ordinary Civil Courts. Notwithstanding that, as expressed by the Wolfenson Civil Lawyers, depending on the matter in question and la extension that we decide to give to said concept, could be filed in other courts, such as the Local Police Courts,Family Courts, even in special courts.
Is it mandatory to have the representation and sponsorship of a lawyer to file a civil lawsuit?
Although there are certain civil lawsuits that, due to their low quantity or to attend a special procedure could be filed without the need for the sponsorship of a lawyer, en practically all of the Existing civil lawsuits in Chile, considering its complexity, solemnity and relevance, must be filed by a licensed attorney for practice law in Chile. Which constitutes a guarantee for the respect and effective application of civil rights in our country. Therefore, it is important to consult with a Wolfenson Abogados specialist lawyer for the detailed examination of the particular case and the appropriate proposal of legal paths to follow. Frequently in the Chilean legal literature, calling a lawyer who practices in civil law as civil lawyer or civil lawyer, whereas, if you participate regularly in trials it is called trial lawyer.
What are the main examples of civil lawsuits in Chile?
In the words of the Wolfenson Specialist Lawyers, civil suit can be classified into various types or classes. The amount is as large as civil rights is claimed claim andno trial and that allows the civil substantive law or procedural law in Chile. Civil actions are mostly contemplated in the Civil CodeChilean.
The most frequent are, for example, the following:
Demand for compensation for contractual damages; Demand for compensation for non-contractual damages;
Executive demand or judicial collection;
Demand in voluntary procedure;
Demand for precarious;
Lawsuit for breach of contract;
Extinctive or acquisitive prescription demand;
Demand for collection of pesos
Demand in a tax trial;
Request for revocation;
Demand for nullity of contract;
Request for annulment of will;
Demand for inheritance petition;
Demand forr construction vices.
Demand for redhibitory vices.
Demand for reinvindication;
Civil lawsuit in consumer law
What are the stages of a civil lawsuit in Chile?
Regarding the stages of a civil lawsuit, a distinction must be made in response to the judicial proceeding in question. Which is characterized by its written modality, fatal deadlines and susceptibility to constant appeal.
In general, they explain Wolfenson Specialist Lawyers, a civil suit before an ordinary court(not special or local police court), it is frequently processed according to the rules of four types of procedures: 1.- Ordinary trial: Which at the same time is subdivided into ordinary trial of greater amount, ordinary trial of minor amount and ordinary trial of minimum amount. 2.- Summary Judgment: That it deals with the matters that the law determinate that they must be ventilated in this type of procedure and as its name says, it is usually a shorter trial; 3.- Executive judgment: the purpose of which is to execute the assets of a debtor whose debt is recorded in an enforceable title and, 4.-Voluntary trial: according to which it is sought to be declared a certain request without contention or confrontation between two or more parties, es In other words, it is a non-contentious procedure.
In the same way, at least the first three procedures have certain stages, which can be defined as: a) Discussion stage; b) Test stage; c) Sentencing stage.
How to notify a lawsuit in Chile?
For the notification of a lawsuit civil the intervention of a Minister of faith which is named de court receiver. the signature Wolfenson Abogados has a relevant network of legal recipients throughout Chile to fulfill this function.
The demand that, as a general rule, is the first management in the trial, must be notified a)Personally; ob) By ID, in case of not being there on two occasions but verifying the receiver that it corresponds to the address of the defendant, stamping the notification in the place. (No.notification of article 44 of the Code of Civil Procedure). Finally it can be notified by c) Alternate Notification Modes, such as notification by notices in newspapers.
How much could extend a lawsuit proceeding or civil trial?
Refering to duration of a lawsuit or civil trial, theExpert Wolfenson Lawyers explain that it is widely variable depending on various factors such as the complexity of the case, the opposition of the counterparty, the personal agenda or agility of the Court, the particular procedure where the civil action will be processed, among others.
Notwithstanding the foregoing, it is possible to approximate the duration of a civil lawsuit, where the shortest and easiest processing could be extended by six months, while those of greater duration, complexity or opposition, could vary minimally between one to three years until the judgment of the court of first instance. Without prejudice to the possibility of appeals to higher instances such as the Court of Appeals and Supreme Court. It is in this type of crucial instances, where the Wolfenson Abogados legal advice allows you to maximize the success of highly complex litigation.
Wolfenson Abogados provides its clients with rigorous advice on compensation for damages, highly complex litigation and civil liability claims.
Links of interest aboutCivil Liability in Chile:
1.- Civil Code
2.- Civil Liability Regimes in Chile
Wolfenson Lawyers. Chilean Law Firm.
If you need more information and legal advice regarding compensation for damages, we invite you to get in touch with our lawyers in Santiago. We are located at Av. El Golf 40, 12th floor, in the Las Condes commune, Santiago de Chile.