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Entramado

Print version ISSN 1900-3803

Abstract

CANDANO-PEREZ, Mabel  and  GUERRA-ESPINOSA, Rodrigo Andrés. Analytical approach to imputation in the field of Chilean extracontractual liability. Entramado [online]. 2017, vol.13, n.2, pp.128-142. ISSN 1900-3803.  https://doi.org/10.18041/entramado.2017v13n2.26221.

The imputation is an operation that is used for the attribution of responsibility in non-contractual matters. Civilian dogmatics generally carry out a treatment of it, which, in the manuals of non-contractual liability, as well as in its doctrinal articles, ignores the virtues of the analytical model of imputation. Chilean dogmatics recognize the model of the theory of the right cause or the equivalence of conditions in the field of causality, but fails to establish an adequate differentiation of these models with imputation. Therefore, there may be assumptions of responsibility in which such differentiation is unknown. In the present work the concept of imputation is systematized and analyzed, within the system of noncontractual liability in Chile, as well as the legal regime that corresponds to this concept, focusing first on the dogmatic treatment recognized in two recent rulings of the Supreme Court, And then analyze the model of reasoning used by Kant from the parameters of the Kantian model and conclude with the examination of this criterion, with special emphasis on the analytical imputation model.

Keywords : Imputation; non-contractual liability analytical model.

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