TOWARD PRECEDENTS IN CHILE: CIVIL PROCEDURE REFORM AND SOURCES OF LAW

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Bravo-Hurtado, Pablo
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REVISTA CHILENA DE DERECHO,Vol.40,549-576,2013
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Abstract
According to the rules of the civil code, case-law is not a source of Law in Chile. However, different procedural reforms -in criminal, labor and civil matters in the future restricts the recourse before the Supreme Court to solve only those cases of contradictory case-law. Does this kind of procedural changes mean that Chile would pass through a system of binding precedents like the common law? This article studies how precedents affects, in a great or less degree, the interpretative practice in different countries. On that comparative perspective, analyzes in which situation is Chile nowadays and in witch will be if it follows this kind of procedural reforms. It concludes that is necessary the replacement of the traditional binary theory about sources of Law, for another that allows degrees and scales, like the MacCormick & Summers's proposal.
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