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Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 57 Chile: Chilean Perspectives on the Hague Principles »

Jaime Gallegos-Zúñiga
From: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter focuses on Chilean perspectives on the Hague Principles. Due to the scarce and mostly unilateral provisions on private international law contained in Chilean legislation, there remain large gaps in the system. Chilean judges must therefore deduce relevant principles, and the result is often unclear solutions. Nevertheless, the recognition of party autonomy is increasingly gaining ground in academic literature and court judgments. On 2 October 2017, the Ministry of Justice and Human Rights, the Faculty of Law at the University of Chile, and the Chilean Association of Private International Law signed an agreement to compose a Draft Act of Private International Law. This work is being developed by a commission of specialists and originally revolved around the draft Model Act of the Organization for the Harmonization of Business Law in the Caribbean (OHADAC) of 2014. Many of the ideas contained in the Hague Principles have been acknowledged and included in the draft, which is expected to be submitted to the National Congress. Given the lack of rules that specify the scope of party autonomy, the provisions contained in this instrument would be a welcome contribution to the Chilean legal system.