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LAW REVIEW
UNIVERSIDAD DE CONCEPCIÓN

Article: Fault-Based Civil Liability in Continental Civil Law and Modern Common Law Torts: Substantive Convergence
Journal: No. 240, Year LXXXIV (Jul-Dec, 2016)
Author: Ramón Domínguez Hidalgo

Law Review – Universidad de Concepción – No. 240 – Jul-Dec 2016 (PDF)

This comparative study analyzes the normative foundations and subjective fault requirements in continental civil law versus the standards of negligence, duty of care, and proximate cause in modern Common Law torts, demonstrating significant doctrinal convergence in civil dispute adjudication.

LAW REVIEW
UNIVERSIDAD DE CONCEPCIÓN

Article: The Evolution of Civil Liability and Modern Insurance
Journal: No. 214, Year LXXI (Jul-Dec, 2003)
Author: Ramón H. Domínguez Águila

Law Review – Universidad de Concepción – No. 214 – Jul-Dec 2003 (PDF)

Seminal doctrinal study examining the transformation of traditional civil liability functions in light of mandatory insurance frameworks and collective risk distribution in contemporary society.

LAW REVIEW
UNIVERSIDAD DE CONCEPCIÓN

Article: Case Law Commentary. 2. Reservation of the Right to Dispute the Nature and Quantum of Damages
Journal: No. 206, Year LXVII (Jul-Dec, 1999)
Author: Ramón H. Domínguez Águila

Law Review – Universidad de Concepción – No. 206 – Jul-Dec 1999 (PDF)

Critical procedural analysis of Article 173 of the Chilean Code of Civil Procedure, distinguishing judicial determinations of liability from subsequent damages quantification proceedings.

LAW REVIEW
UNIVERSIDAD DE CONCEPCIÓN

Article: «Fraus Omnia Corrumpit». Notes on Fraud in Civil Law
Journal: No. 189, Year LIX (Jan-Jun, 1991)
Author: Ramón H. Domínguez Águila

Law Review – Universidad de Concepción – No. 189 – Jan-Jun 1991 (PDF)

Authoritative monograph on the overarching civil law maxim invalidating fraud in legal transactions, revocatory actions (action paulienne), abuse of rights, and remedies protecting contractual good faith.

LAW REVIEW
UNIVERSIDAD DE CONCEPCIÓN

Article: The Burdens of Eminence: The Sphere of Privacy and Public Figures
Journal: No. 144, Year XXXVI (Apr-Jun, 1968)
Author: Ramón Domínguez Benavente

Law Review – Universidad de Concepción – No. 144 – Apr-Jun 1968 (PDF)

Landmark legal essay exploring the delicate balance between freedom of information, reputational integrity, and privacy protections for public officials and prominent figures.

Data and Documentation Employers Must Maintain in the Electronic Labor Registry.

Pursuant to the Regulations enacted under Article 1 of Law No. 21,327, which modernizes the Labor Directorate, we outline the primary provisions regarding the data and documentation that employers are required to maintain in the Electronic Labor Registry.

I. Documentation that the employer must register (Art. 3):

1. Employment Contract, within fifteen days of execution, including at least the stipulations required by Art. 10 of the Labor Code (place and date of execution, parties, functions, compensation, etc.).
2. Amendments to the Employment Contract, within fifteen days of signing, stating their object. For this purpose, the original contract must already be registered.
3. Termination of Employment Contract, regardless of the cause invoked. It must include the identification of the parties, start and end dates of the employment relationship, date and form of termination, statutory cause invoked, and underlying factual grounds where required by law.
   This information must be registered within the statutory deadlines set forth in Arts. 162 or 163 bis of the Labor Code for sending termination notices to the Labor Inspectorate, and within ten business days following separation in cases under numbers 1, 2, and 3 of Art. 159.
4. Electronic Payroll Ledger. Standardized monthly recording of wage payments, allowances, benefits, and statutory compensations. Must be completed within the first fifteen days of the month following payment.
5. Joint Health and Safety Committee. The employer must register the names of employer and elected employee representatives, along with the election minutes, within fifteen days of representation elections.
6. Bipartite Training Committee. Where applicable, the date of formation and the members must be registered within fifteen days of establishment.
7. Internal Regulations on Order, Health, and Safety. Registration of current Internal Regulations, including employer identification, publication and notice dates, distribution mechanisms, certification of statutory compliance, and a digital copy. Must be filed within five days of entry into force.
8. Special Agreements on Working Conditions. Within five days of entering into an agreement governed by Title VI of Book IV of the Labor Code, the employer must electronically register the instrument, including identification of the parties, signing date, covered topics, applicability to non-union employees, term of validity, and a full copy.
9. Disciplinary Sanctions against Workers. Sanctions imposed in accordance with Art. 154 No. 10 of the Labor Code must be registered, specifying employee identity, date of sanction, and nature of the measure.
10. Collective Bargaining Instruments. Current collective contracts and agreements must be registered within five days of signing, including party identification, execution date, term, existence of benefit extension clauses, list of covered workers, and a copy of the instrument.
11. Attendance, Holidays, Medical Leaves, and Statutory Permissions Registry. Monthly attendance logs and leave periods (statutory vacation, medical leaves, or contractual permits) must be registered within fifteen days following: the end of the calendar month for attendance, the end of the holiday taken, receipt of the medical leave certificate, or conclusion of the granted leave.
    Must include: employee identification; monthly attendance details; leave period and reason; and proof of timely submission to health care entities (Isapre/Fonasa) for medical leaves.

II. Documentation that employers may voluntarily register (Art. 4):

1. Severance Agreements (Finiquitos). Once signed and ratified before an authorized certifying officer, it may be registered within fifteen days of execution, detailing the cause invoked, disbursed amounts, pending sums, reservations of rights, and deductions.
2. Judgments Declaring Single Employer Entity (Multi-RUT). Final and enforceable court judgments declaring the existence of a single employer affecting the company may be registered, indicating parties and docket data (court, docket number, date of ruling) from trial courts, Courts of Appeals, or the Supreme Court.

III. Implementation and Registry Update Procedures:

• Employers must register on the platform provided by the Labor Directorate using the Single State Digital Key (Clave Única).
• Technical downtime on the platform will be officially certified within 24 hours of resolution to preserve statutory registration deadlines.

IV. Effective Dates:

• General provisions take effect upon publication in the Official Gazette, with the following staggered phase-ins:
  • Subsections B, C, and G of Art. 3 take effect 2 months following entry into force.
  • Subsections E and F of Art. 3 take effect 7 months following entry into force.
  • Subsections H and I of Art. 3 take effect 13 months following entry into force.
  • Subsections J and K of Art. 3 take effect 20 months following entry into force.
  • Subsection A of Art. 4 takes effect 13 months following entry into force.
  • Subsection B of Art. 4 takes effect 9 months following entry into force.
• For employment contracts executed prior to the enactment of Law 21,327, employers are granted a one-year grace period from April 30, 2021 to complete digital registration.
• If between October 1, 2021 and April 30, 2022 an employer modifies or terminates a contract executed prior to October 1, 2021, that contract must first be uploaded into the registry before recording the modification or termination.

Primary Amendments to the Chilean Labor Code

Pursuant to Law No. 21,361, published on July 27, we report on the key amendments introduced into the Chilean Labor Code, which take legal effect upon publication of the regulatory resolution by the Labor Directorate within ninety days.

NEW STATUTORY PROVISIONS REGARDING ELECTRONIC LABOR DOCUMENTATION

I. A new eighth paragraph is added to Art. 162 of the Labor Code:

• The employer is authorized to inform the employee in the notice of dismissal whether the severance agreement (finiquito) will be issued and paid electronically (as an alternative to traditional physical signature before a certifying officer). The notice must expressly state that electronic execution is optional for the employee, fully safeguarding the right to execute the document in person before a certifying officer and to formulate reservations of rights upon signature.

II. New paragraphs 3, 4, 5, 6, 7, and final are added to Art. 177 of the Labor Code:

• A severance agreement issued by the employer on the Labor Directorate's digital portal and electronically signed by the worker is legally deemed ratified before a Labor Inspector.
• The severance agreement, as well as voluntary resignations and mutual termination agreements, must expressly state:
  • the statutory cause of termination invoked;
  • all settlement payments granted;
  • any pending amounts owed;
  • any reservation of rights formulated by the employee.
• The Director of Labor will establish the technical operating procedures for ratifying severance agreements, resignations, and mutual separation pacts on the platform, including compliance enforcement mechanisms and procedural safeguards for reservations of rights.
• The receipt, collection, and safekeeping of severance funds until disbursement to the worker shall be managed by the National Treasury Service (Tesorería General) or authorized financial entities. The recording of a reservation of rights shall not impede the immediate payout of undisputed severance amounts.
• If the employee rejects electronic execution, the employer must provide a physical agreement within the statutory deadline (ten business days from dismissal) or within three business days following rejection if the initial deadline has expired.
• Workers who have signed a resignation, mutual agreement, or severance agreement and allege error, duress, or fraud may bring legal challenges before labor courts under Art. 168. Workers may also expressly record upon execution that they reserve the right to initiate court proceedings against their former employer.
• Finally, the statutory release effect of the severance agreement is strictly restricted only to claims and items expressly agreed upon by the parties.

On January 22, 2021, the Chilean Labor Directorate issued Administrative Ruling No. 258/003, complementing official doctrine on remote work and telecommuting.

I. The obligation to provide work equipment and tools becomes enforceable upon agreement of remote work or telework

From July 1, 2020, all provisions of Law No. 21,220, including the new Article 152 quáter L of the Labor Code, became mandatory for all companies adopting remote work modalities.

II. The employer's obligation to provide equipment and tools (Art. 152 quáter L) does not prevent parties from agreeing that the employee may use personal property in exchange for a reasonable compensatory allowance

The Labor Directorate determined that:

a) The employer remains responsible for all maintenance and repair costs.

b) The employer must bear repair expenses resulting from equipment wear and tear during regular job duties.

III. Meal and food stipends agreed upon in remote work maintain compensatory status and contractual nature

Food stipends retain their compensatory (non-wage) character. Modification or termination of such benefits requires mutual written consent of both parties, regardless of whether paid in cash, debit cards, or redeemable vouchers.

IV. For telecommuters exempt from statutory shift limits, parties are not required to specify daily supervision or monitoring mechanisms in the contract

Under Article 152 quáter K No. 4 of the Labor Code, when an employee is exempt from statutory hours (Art. 22):

a) Pursuant to Art. 42 letter a), parties may agree upon periodic mechanisms for delivering work results.

b) Any intensive or frequent supervisory control would breach shift exemption rules, creating a legal presumption of statutory shift caps.

V. Regarding the right to disconnect, the Labor Directorate distinguishes between:

1. Employees who freely distribute their working hours: Free scheduling does not exempt the employer from monitoring daily and weekly statutory limits. The employee must notify the moment they begin their disconnection period to guarantee 12 consecutive uninterrupted hours free from employer requests.

2. Teleworkers exempt from statutory shift limits: The employer cannot monitor when the worker will become available again. However, solely to ensure proper exercise of the right to disconnect, the employee must inform the employer of the start of the mandatory 12-hour rest window.

Santiago, April 18, 2020

Commercial lease agreements have faced unprecedented scrutiny during the Covid-19 pandemic. Following government declarations of a constitutional state of catastrophe, mandatory closures forced businesses nationwide to shut down, depriving commercial tenants of the use and peaceful enjoyment of rented premises—the essential consideration for entering into lease contracts.

Article 1915 of the Chilean Civil Code defines a lease as: “A contract in which two parties reciprocally bind themselves, one to grant the enjoyment of a thing, or to execute a work or render a service, and the other to pay a determined price for such enjoyment, work, or service”.

Furthermore, Article 1924 sets forth the landlord's essential statutory covenants:

• To deliver the leased property to the tenant;
• To maintain it in a condition fit for the purpose for which it was leased;
• To protect the tenant against any disturbance or impediment in the peaceful enjoyment of the leased premises.

Additionally, Article 1926 paragraph 2 provides that:

“If due to delay the utility of the contract is substantially diminished for the tenant, whether because the property deteriorated or because the circumstances that motivated it have ceased, the tenant may terminate the contract, reserving claims for damages, provided the delay does not arise from force majeure or fortuitous event.”

Moreover, Article 1932 establishes:

“The tenant is entitled to termination or rescission of the lease where the defective condition or quality of the property impedes its intended use, whether the lessor knew of the defect at execution or not... If the impediment to enjoyment is partial or the property is partially impaired, the judge shall determine, according to the circumstances, whether termination should occur or a rent reduction should be granted”.

Finally, Article 45 defines force majeure:

“Force majeure or fortuitous event is an unforeseeable occurrence that cannot be resisted, such as a shipwreck, an earthquake, enemy capture, or acts of authority exercised by a public official, etc.”

Synthesizing these provisions, our legal analysis yields the following conclusions:

1. Acts of Authority as Force Majeure: Administrative closure orders and health decrees (notably Ministry of Finance Resolution No. 88 of 2020) constitute unquestionable events of force majeure impacting commercial lease relationships.

2. Contractual Remedies:

a) Commercial leases are bilateral and executed as continuous-performance contracts (tracto sucesivo).

b) The pandemic and emergency orders are temporary rather than perpetual impediments.

Consequently, while outright lease rescission under Article 1932 paragraph 1 may be difficult to sustain permanently, tenants may invoke the exceptio non adimpleti contractus (defense of unperformed contract, Article 1552) against landlord rent demands, or seek equitable judicial rent reductions under Article 1932 final paragraph on the grounds of partial deprivation of commercial utility.

3. Impossibility of Performance & Risk Allocation: Under Chilean civil doctrine (Abeliuk Manasevich, Las Obligaciones), where performance becomes temporarily impossible without fault of the debtor due to fortuitous events, the debtor's duty is excused and the creditor's reciprocal obligation is similarly suspended.

4. Validity of Accelerated Forfeiture Clauses (Pactos Comisorios Calificados): Contractual clauses providing for automatic ipso facto lease termination upon failure to pay rent face strict limitations under Urban Leasing Law No. 18,101 and Article 1977 of the Civil Code, which mandatorily require judicial notices and payment demands prior to eviction.

Santiago, July 27, 2020

Law No. 21,247, commonly known as the "Protected Parenting Law" (Ley de Crianza Protegida), was enacted in the Official Gazette, establishing exceptional benefits for parents and caregivers during public health emergencies.

We highlight below the key labor and employment implications for employers:

I. COVID-19 PREVENTIVE PARENTAL MEDICAL LEAVE

A specialized medical leave funded by health insurers (Isapre or Fonasa) is created for mothers and fathers currently utilizing or having concluded statutory parental leave during the declared state of catastrophe.

The leave covers 30 days, renewable twice for up to 90 total days during the health emergency.

For employees who had returned under part-time schedules (Art. 197 bis of the Labor Code), the benefit is calculated based on full-time equivalent compensation. Job protection tenure (fuero laboral) is extended throughout the entire preventive leave duration.

II. SUSPENSION OF EMPLOYMENT CONTRACT

Parents and primary caregivers of children born in or after 2013 who are covered by Unemployment Insurance may request suspension of their employment contract under the Employment Protection Law if schools or daycares remain closed by government order.

The employee must notify the employer in writing with required documentation:

a) Child's birth certificate or official family register;

b) Sworn declaration certifying single-household benefit application;

c) Effective start date of suspension;

d) Bank account details for benefit disbursements;

e) Court guardianship order if applicant is not a biological parent.

The employer must submit the claim to the Unemployment Fund Administrator (AFC). If the employer fails to respond within 2 business days, the worker may file directly with AFC. AFC notifies approval within 4 business days. Severance tenure seniority is legally preserved.

III. BENEFITS AND COMPATIBILITY

Benefit amounts correspond to standard unemployment insurance scales under the Employment Protection Act and remain fully compatible with Emergency Family Income (IFE) and supplementary social relief.

IV. PROHIBITION OF DISMISSAL FOR UNJUSTIFIED ABSENCE

Employers are strictly prohibited from dismissing employees caring for children born in or after 2013 under Article 160 No. 3 of the Labor Code (unjustified absences) when absence is directly caused by daycare or school closures.

V. CHILD SUPPORT WITHHOLDING

Where judicial child support attachment orders exist, AFC is authorized to withhold up to 50% of the benefit payment and remit amounts directly to the court or employer docket.

VI. VALIDITY AND EXPIRATION

The law remains effective during the validity of Title I of Law No. 21,227, expiring upon termination of the constitutional state of catastrophe.

“The new firm will focus on high-complexity civil and labor litigation, corporate counseling, arbitration disputes, antitrust, compliance, mining law, real estate, and M&A.”

Attorneys Ramón Domínguez Hidalgo (former partner at Morales & Besa, NLD Abogados, DLA Piper, and Rivadeneira Colombara Zegers) and Francis Reyes Castro (former head of labor practice at NLD, DLA Piper, and Rivadeneira Colombara Zegers), together with a distinguished group of partners, have launched Domínguez y Compañía in Santiago.

The firm concentrates its practice on high-complexity civil and labor litigation, as well as mining law, corporate and M&A, antitrust, pharmaceutical regulation, arbitration, consumer protection, data privacy, new technologies, real estate, and tax law.

Distinguished jurist Ramón Domínguez Águila, bringing over 60 years of legal prominence in Concepción, joins as Founding Counsel. Renowned insurance specialist Ricardo Sateler Alonso also joins as Strategic Counsel.

“We are deeply honored to inaugurate Domínguez y Compañía in Santiago, joined by exceptional partners and associates trained at Chile's finest law faculties and leading international institutions, enabling us to deliver legal counsel of highest distinction,” explains Ramón Domínguez H.

“As part of our specialized counsel, we proudly carry forward the profound wisdom of don Ramón Domínguez father. Decades of heritage are distilled into this new firm, dedicated to tailored client service and strategic advocacy,” adds Francis Reyes.

The draft circular systematizes regulatory standards surrounding tax secrecy and taxpayer data protections collected by the agency. Experts praise the move as a major signal of legal certainty.

Each year, the Chilean Internal Revenue Service (SII) receives millions of forms and sworn declarations through which individuals and corporations report revenues, expenses, and tax payments.

By statute, this information is subject to tax secrecy (reserva tributaria), meaning individual fiscal contributions to the Treasury cannot be disclosed to the general public.

Multiple administrative rulings have governed this principle over decades. The topic has gained heightened urgency following new legislative tools granted to the SII to combat evasion, including statutory reporting of bank balances exceeding 1,500 UF.

The 35-page proposal replaces Circular No. 43 of 1998, harmonizing confidentiality with modern constitutional rights.

Practical Implications

Domínguez & Cía. partner Paola Lira explains that the draft clarifies the precise legal boundaries of tax secrecy and its intersection with constitutional public disclosure principles and the Transparency Act.

“The SII defines the exact scope of protected data under Article 35 of the Tax Code—such as income sources, losses, deductions, and declarations—clarifying that confidentiality shields both regular tax filings and informative sworn returns,” notes Lira.

Distinguished tax practitioners highlight that clearly defining statutory exceptions for data sharing with public agencies strengthens voluntary taxpayer compliance and trust in the fiscal system.

Sanctions

The draft reinforces strict disciplinary and criminal penalties for public officials or third parties violating confidentiality duties, noting that liability persists even after officials leave government service, with a three-year statute of limitations calculated from the date of infringement.

«…The role of professional partnerships has become essential, transforming into a hot commodity when just a few months ago they had lost virtually all practical relevance. Indeed, until Law No. 21,420 was enacted, these organizations were merely mentioned—without a statutory definition—in the Income Tax Law…»

Alicia Bobadilla and Paola Lira

Until the enactment of Law No. 21,420, which curtailed or eliminated various tax exemptions, not all services constituted taxable transactions under the Chilean Sales and Services Tax Law (VAT). Only services originating from commercial activities under Article 20 numbers 3 and 4 of the Income Tax Law were subject to VAT. Determining whether a service was subject to VAT required verifying whether it fit within those commercial categories.

This statutory structure produced extensive administrative and judicial jurisprudence. It also generated complex debates regarding proportional tax credits whenever corporate objects combined taxed services with non-taxed or exempt activities (e.g., equipment sales bundled with advisory services).

This landscape shifted radically with Law No. 21,420. Starting January 1, 2023, the statutory definition of taxable service has been broadened to encompass any action or performance rendered for remuneration, subjecting virtually all professional and consulting services to 19% VAT. To mitigate the impact on professional disciplines, the statute created a specific carve-out exempting services when rendered by a qualified professional partnership (sociedad de profesionales).

Consequently, professional partnerships have become a primary corporate structuring tool. Under guidelines proposed by the Chilean IRS (Circular draft), qualifying as a professional partnership requires satisfying strict criteria: a) must be a partnership of individuals (sociedad de personas); b) exclusive corporate purpose of rendering professional advisory services; c) services must be rendered directly through partners or assistants supporting their professional practice; d) all partners must practice their profession within the firm (pure capital contributions are impermissible); e) professions of partners must be identical, related, or complementary.

Our tax practice advises corporate clients and professional firms on corporate restructuring, conversions of joint-stock corporations (SpA) or individual limited liability entities (EIRL) into compliant professional partnerships to preserve statutory VAT exemptions.

Domínguez y Compañía opens in Santiago, carrying forward more than 80 years of legal prominence originating in Concepción, honoring the heritage of Ramón Domínguez Benavente and Ramón Domínguez Águila, who serves as Founding Counsel in the capital.

Attorneys Ramón Domínguez Hidalgo (former partner at Morales & Besa, NLD Abogados, DLA Piper, and Rivadeneira Colombara Zegers) and Francis Reyes Castro (former labor director at NLD, DLA Piper, and Rivadeneira Colombara Zegers), alongside a prominent group of partners, decided to join forces after eight years of collaboration to establish Domínguez y Compañía.

The firm specializes in complex labor and civil litigation, corporate and M&A, mining law, antitrust, pharmaceutical regulation, arbitration, consumer protection, IT and data privacy, real estate, and tax law.

Founding Counsel Ramón Domínguez Águila brings over six decades of distinguished legal leadership from Concepción, advising clients of the new firm alongside prominent insurance counsel Ricardo Sateler Alonso.

“We are very honored to initiate Domínguez y Compañía in Santiago, joined by seasoned partners and associates trained at Chile's finest institutions and abroad, delivering unparalleled excellence to our clients,” explains Ramón Domínguez H.

“We count on the unparalleled experience of don Ramón Domínguez father, translating eight decades of distinguished tradition into specialized, boutique service,” adds Francis Reyes.

“Domínguez y Cía is a new law firm, founded in Chile by Ramón Domínguez Hidalgo and Francis Reyes Castro, who together with a group of partners specialized in a wide array of practice areas have combined their skills and experience to serve clients both domestically and abroad.”

Ramón Domínguez Hidalgo, a former partner at Morales & Besa, NLD Abogados, DLA Piper, and Rivadeneira Colombara Zegers, and fellow founding partner Francis Reyes Castro, who previously led the labor department at NLD, DLA Piper, and Rivadeneira Colombara Zegers, worked together for eight years before establishing the firm.

The new firm specializes in highly complex labor and civil litigation, as well as in corporate law, M&A, mining law, antitrust, pharmaceutical regulation, arbitration, consumer protection, data privacy, real estate, and taxation.

Revered professor Ramón Domínguez Águila, holding more than 60 years of legal prestige in Concepción, serves as Founding Counsel. Prominent insurance expert Ricardo Sateler Alonso also forms part of the advisory team.

“We are deeply honored to launch Domínguez y Compañía in Santiago, joined by prominent partners and associates trained at top domestic and international law schools,” said Ramón Domínguez Hidalgo.

“Our practice builds on the legal wisdom of Ramón Domínguez Sr., opting for specialized counsel and personalized client care,” said Francis Reyes Castro.