Responsabilidad objetiva en el ordenamiento jurídico chileno

TL;DRAbstract

In Chile, the civil responsibility is inspired in a subjective basis; the duty to repair damage, resides in the fraudulent or culpable conduct of the author of the damage. This system is questioned because the difficulty that the victim faces in a trial on having to prove the culpable conduct of the author of the damage. This way, in Comparative Law, the attention that the traditional system puts in the author of the damage, begins to move towards the harmed one; one attends only to the damage. Nevertheless, in the Latín-continental systems, there exists a certain consensus in which the pretensions to extinguish the responsibility been founded on the culpable conduct have failed, and that the subjective factor continues being principal. There are sectorial rates of objective responsibility forming complementary legislation, because they do not abrogate the common regime of the Codes. lt is not a question of replacing the system of the subjective responsibility, but to enriching it with

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