Abstract

TURNER SAELZER, Susan. Infidelity, Fault, Divorce, and Compensation for Damages in Argentinean and Chilean Marriage Law. Rev. Derecho Privado [online]. 2018, n.35, pp.105-128. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n35.05.

Argentinean and Chilean marriage law display a similar historical evolution during the 19th and 20th centuries; a tendency that, however, withers away with the enactment in Argentina of the new Civil and Commercial Code in 2015. This article studies one of its innovations, the possible civil liability resulting from the breach of the spousal fiduciary duty and its implications with respect to fault divorce, in order to draw conclusions from the reform that could be used to shed light on potential developments in Chilean law.

Keywords : Spousal fiduciary duty; compensation for damages; fault divorce.

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