FUNDAMENTOS Y ACCIONES PARA LA APLICACIÓN DEL LEVANTAMIENTO DEL VELO EN CHILE

Abstract

The purpose of this article is to analyze the foundations and actions for applying the veil piercing in Chile, both in the civil and commercial fields, in the light of certain rulings issued by the Chilean high courts during the last years. In the initial part, the veil piercing is defined as a judicial proceeding of exceptional character, by virtue of which it is possible in some cases to disregard the personal and patrimonial separation between one company whose legal structure has been abused of, on the one hand, and one or more of its partners, administrators or related companies, on the other hand, to prevent a fraud or abuse from producing effects. Following, the factual circumstances under which it is possible to apply the veil piercing are reviewed, and the common rules of law that make it possible to found such application in Chile are examined, including those forbidding fraud against law, fraud against the rights of third parties, abuse of right, illicit simulation, illicit cause and the acts in bad faith. Afterwards, the action and defense of unenforceability against third parties due to abuse of the legal entity are analyzed as suitable means to obtain the veil piercing in Chile. Finally, some conclusions are proposed.