Contornos de la responsabilidad contractual

Abstract

This article addresses the areas of contour or delimitation about damages for breach of contract, in the concert of remedies for breach of contract and in its delimitation against tort liability, based on the two fundamental requirements that Chilean doctrine requires for its configuration, the contract and the obligation. From the review of both requirements, the limits of the indemnity claim are studied, to rethink from there, the core of the contractual liability, determined by the possibility that the parties make a voluntary distribution of the risk to which they decide to submit.