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LEGAL NEWS

8 th Court Guarantee approves compensation agreements in the named case Facebook

Judge 8 º court Guarantee Santiago Luis Avilés approved a compensation agreements between Evelyn Alejandra Salman Herrera and Fernando Durán Pegito for the crime misappropriation, theft and espionage name committed by the accused in April and June 2008, in the case known as Facebook. The prosecution formally
-April 1-investigation against women for the crimes of misappropriation, theft and espionage name, committed on April 27 and July 30, 2008. According to prosecutors, Evelyn Salman joined the e-mail and Facebook Duran - with whom he had an extramarital affair, and without authorization and impersonating him, he sent messages to a friend and the wife of the complainant, giving a history of infidelity.
The public prosecutor demanded as conditions for the reparative agreement returning a laptop, a charger and a printer, the public apology to the affected and also the prohibition of approaching Duran and his family. Avilés
The judge approved the agreement reparative and ordered the proceedings suspended for one year.

welcomes Supreme Court appeal of environmental protection central authority thermoelectric Puchuncaví

The Supreme Court accepted the application for protection filed against the decision of the Regional Environmental Commission (COREMA) of Valparaiso, which authorized the operation of the Thermoelectric Power Campiche, located near the town of Puchuncaví.
In a unanimous decision (role from 1219 to 2009), ministers of the Third Chamber of the Supreme Court Adalis Oyarzun, Hector Carrillo, Pedro Pierry, Sonia Araneda and attorney Benito Mauriz member confirmed the decision of the Court of Appeals of Valparaiso (role 317-2008), in the first instance, had outlawed the authorization granted by the Environment Agency.
The ruling holds that the Corema committed an illegal act to authorize the Central Campiche coal, and which granted the permit without the agency in question make the change in land use.
"The Constitution of the Republic guarantees all persons the right to live in an environment free of contamination. The constitutional obligation imposed upon the State to protect the environment can only understood under the premise that as it develops all forms of life. This is, clearly serves a preventive. In this particular case, under the Regulatory Plan Intercommunal Valparaiso as a regulatory tool that promotes urban harmonious development of the territory in question, was for the area where you want to install a power plant only to the development of green areas and areas recreational. To that land use in the area of \u200b\u200brisk, determined by an instrument of territorial planning, now a character must be attributed relevante.En Indeed, the area of \u200b\u200bproject site is an area declared saturated PM10 -Particulate-and SO2-sulfur dioxide since 1993 and is subject to a decontamination plan. So, one can estimate that the area has been designed to meet the committed green areas to mitigate the effects of contaminants in place (...) That, consequently, the illegal disposal of a land use for green areas in a village affected by the high emission of pollutants cause visible impairment living environment in which the appellants, in violation of his constitutional right to live in a pollution free environment, "says the Supreme Court ruling.

right not to be arbitrarily discriminated

failure of the First Chamber of the Court of Appeals, which condemn the Sun Set Sociedad de Inversiones SA, to pay a fine of 5 UTM At the same time, the concept compensation for moral damages, ordered the cancellation of the consumers concerned, the sum of $ 160,000, plus payment of court costs. The complaint was founded, in that on September 3, 2008, at approximately 00:30 am a group of youths went to the disco Sun Set, and the owner of it would have denied entry to this establishment, as young men were allegedly drunk. On January 22, 2009, Judge of the Second Court of Arica Local Police, dismissed the complaint infraction, by the SERNAC, basing its decision on that would not have established that the action of termination is given an arbitrary character . However, the SERNAC filed an appeal against the court decision, and the First Chamber of the Court of Appeals in Arica, dated April 23, 2009, overturned the ruling by the Second Court Local Police Arica, and hosted the infraction complaint filed by the National Consumer Service, and that would have established that the complainants were not drunk when attended the disco, the facts alleged to constitute arbitrary discrimination against the service provider, practiced by the mere will or caprice of it, without which their actions are justified. He noted further that the respondent had engaged in conduct in breach infraction consumer rights under Article 3, letter c) of Act 19,496, that is, the right not to be arbitrarily discriminated against by providers of goods and services . Finally, Monsalve, he said in conclusion, that the consumer act and the courts and SERNAC, demonstrate that claim serves.



Amendment to Law No. 18,010 first constitutional
The truth is that this is a late change something for this time of crisis ... but never too late.

Amends Law No. 18,010 established the right of the debtor to renegotiate the conditions and terms of mutual in cases of unemployment and decline in revenue for external reasons not attributable to the debtor
Bulletin No. 6384-05


I-BACKGROUND GENERAL.

One of the traditional business areas of banks and financial institutions are lending money. To do this, have developed guidelines for assessment of their clients in order to determine the risk that an applicant to incur in breach of the obligation.

. Therefore, we analyze the balance of the natural person or legal entity, its assets, income from a standpoint of the amount, timing and nature, its debts and payment behavior. The crossing of this information throws us a customer profile that will determine the feasibility of granting credit, amounts, terms, interest rate and collateral security.

In that vein, a person seeking mutual money is at the time of grant conditions for timely and fully pay the debt. The question that arises is what happens if the person is prevented from complying its obligation for reasons beyond their responsibility. Cite as an example, job loss, lost revenues or supervening difficulties to push through a business project.

We are concerned the economic crisis whose effects are felt at this time. The possibility that some of the debtors of the financial system and business houses lost their sources of income or experience difficulty keeping their projects work and business is concrete and the closest we'd like.

why we believe that the financial system should be open to the possibility of renegotiating, in such cases, the term debt and amount of tax payable by the debtor's good behavior is affected by any of the grounds mentioned.

believe that the proposed solution can save resources to creditors who must sue in court to make full payment of the obligation. Moreover, we believe that by limiting who can renegotiate its debt and under what circumstances we are rewarding people really are not able to pay a fixed monthly fee but have the willingness to comply.

Under the theme raised some commercial vendors have implemented the unemployment insurance underwriting for customers, whose fees are deducted monthly. In them, customers can renegotiate payment fees by paying a sum of money and depending on the particular conditions may be with your line of credit "frozen" until the debt. The downside are the interest to be canceled to have that option.

believe that to the extent that the debtor prove conclusively the situation that affects you should open a possibility to renegotiate the term and / or amount of the fee to avoid one of the most humiliating and damaging to the debtor is executory obligations to, a procedure which also damaged the interests of the creditor as species are often auctioned at a price that almost laughable to see not satisfied debt.

THEREFORE,

Under of the foregoing, the provisions of Article 65 of the Constitution of the Republic of Chile, as set out in Article 12 of Law No. 18,918 in accordance with the Rules of Procedure of the H. Chamber of Deputies come to present the following:


BILL.

Add a new Article 16 bis of Law No. 18,010, which establishes rules for credit operations and other obligations of money indicated.

"Article 16 bis: During the term of the payment period for a loan of money, the debtor was affected its ability to pay for supervening circumstances which are attributable will not right to renegotiate the terms and amount of the fee payable to the creditor.
The creditor may not refuse a request for renegotiation and entitled to the debtor to prove the situation that affects you. Upon completion of the above, the creditor must act within 10 days of the request.
If there is no insurance involved in the following cases should be given to the request of the debtor:

1 - Severance of the debtor for over 2 months.

2 - In the case of independent workers, drop in more than 20% of income is usually received during more than three months.

3 - Proof that the debtor will turn payments owed from sales and services that temporarily affect its liquidity.

4 - Borrower who is temporarily unable to generate revenues to meet its obligations by reason of unforeseeable circumstances or force majeure. "

LAW OF THE WEEK RUNNING

Workers who work in sectors production and service vendors as department stores, malls and supermarkets are the main beneficiados.12 January 2009 21 January
This was implemented one of the latest labor laws: the call Corrida Law Week , which actually is a Amendment to Article 45 of the Labour Code included in the law that equated the base salary at minimum wage, passed in August. The new labor reform generates, however, a degree of controversy about the conflicting views between government and opposition MPs and between employers and workers about the impact which the legislation.
The legal initiative is to extend the right to pay for Sundays and holidays, which previously only had the employee paid exclusively by day, employees are also paid by monthly salary and variable compensation such as commissions or treatment.
The goal is not only is to update the legislation in force since the 60's, when it was created to discourage absenteeism and alcoholism in the agricultural sector, but also make it effective for employees from other areas, especially considering that today's workers pay variable represent more than half the country's workforce, the highest percentage in trade, specifically in the retail sector.

NEW LABOUR JUSTICE

When did justice to govern the new job? On 31 March 2008 and gradually began the regions of Atacama (III region) and Magallanes (Region XII). Then, from November 3, 2008, will begin in regions I, IV, V and XIV, and in regions II, VI, VII and VIII will from April 30, 2009. In the metropolitan area will apply from August 31, 2009, in Regions IX, X, XI and XV will begin law governing the October 30, 2009. What are the characteristics of industrial tribunals? They have specialized judges in the matter. Their hearings are oral and public. There is a direct contact with the parties and judge the evidence. It brings together almost all of the acts involved in the trial of two audiences: preparation and trial. Are abbreviated terms and actions. Judges may take a series of initiatives to avoid unnecessary delays or stoppages of the trial. Free of any action, proceeding or action to be conducted by officers of the court. How many labor courts in each borough? A labor court in each of the following communities, with the number of judges follows: Region XV Arica and Parinacota: a court located in the town of Arica (2 judges) First Region: A court in Iquique (3 judges) II Region of Antofagasta, Antofagasta (3 judges) and Calama (2 judges) III Region of Atacama: Copiapo (2 judges) IV Region of Coquimbo, La Serena (3 judges) V Region of Valparaiso, Valparaiso (3 judges) and San Felipe (2 judges) Region Metropolitana: Santiago two courts with 13 judges each, San Miguel with four judges, two judges San Bernardo and Puente Alto with two jueces.VI Region del Libertador General Bernardo O ' Higgins Rancagua (3 judges) Maule Region: Curico (2 judges) and Talca (2 judges) VIII region of Bio Bio, Chillan (3 judges), Concepcion (3 judges), Los Angeles (2 judges) Region IX Araucania, Temuco (5 judges) X Region of Los Lagos: Puerto Montt (3 judges) and Castro (1 judge) XIV Rivers Region: Valdivia (2 judges) and Osorno (2 judges) Region XI Aysen del General Carlos Ibáñez of Country: Coyhaique (1 judge) XII Magallanes: Punta Arenas (1 judge) in the communities or groups of communes where there are no tribunals, these materials will be the responsibility of the competent Courts of Arts in Civil Matters. What subjects treated industrial tribunals? Disputes between employers and workers on the application of labor standards or from the application of an individual employment contract or collective agreements and arbitral awards relating to employment. Disputes arising from the implementation of rules regarding trade union organization and collective bargaining. Trials relating to the application of rules of welfare or social security, presented for active workers, employers and pensioners (except as regards the review of decisions on the declaration of invalidity or the granting of medical licenses.) Claims to proceed against the decisions of the administrative authority in labor matters, pension or social security. Trials where it is intended to establish the liability of the employer resulting from accidents or occupational diseases, except for liability. All other matters which the law delivered to the jurisdiction of the courts of letters with labor competition. What courts are in charge of labor and social security collections? Courts Collection Labor and Social Security, which began operating in November 2005. In places where there are no such courts, these issues will be the responsibility of the Labour Courts Free. Do I need lawyer to sue? Yes But if resources are labor justice offers a labor advocate, that is, a lawyer who will represent you for free. Who depend labor advocates? Labor Defense program operates through the Mutual Assistance Corporation in the country (Metropolitan, Tarapaca, Valparaiso and Bío Bío) and monitors closely the Ministry of Justice . The system includes 138 labor advocates to cover the national territory. What is the procedure of industrial tribunals? There are five types of procedures: 1. General application's trial begins with a written complaint and the judge sets a hearing no later than 35 days are calling on the parties to reconcile. If not achieved, the judge will determine what test points and the parties offered their evidence. In that instance, the court has the precautionary measures, dispatch offices or citations, and will schedule a second hearing within a period not exceeding 30 days. In this second hearing will yield the evidence and the judge can rule the term the hearing or within 15 days. 2. Labor protection procedure is established a special procedure that affect the fundamental rights of workers, among them the right to life and psychological integrity, respect and protection of private and public life and the honor of the person and his family, the sanctity of all forms of private communication, freedom of conscience, freedom for opinion, freedom of work and the right to free choice, as well as those discriminatory acts referred to in Article 2 Labour Code. This action will exercise care worker or labor union The handling of this procedure has precedence over all other causes that are processed by the court. 3. MonitorioSe procedure applied in those disputes with a value equal or less than 10 minimum monthly income and derivatives of maternity. Complaint is initiated by the Labour Inspectorate, which summons shall summon the parties. In the event of a conflict by maternal immunity, the procedure starts directly in court. A hearing in the Labour Inspectorate must concur with all the evidence and the absence of settlement, the employee may file a written complaint before a judge within 60 days after it was fired. The judge will host the applicant's claims immediately whether well founded or otherwise, will reject outright. In the absence of sufficient background information to this statement, or if the parties complained of said resolution, the court must convene a single hearing conciliation and testing, to be held within 15 days of the filing of the application. The parties must attend this hearing all the evidence and the judge must hand down her sentence. 4. Grievance procedure for fines and other administrative decisions that the claim is established administrative fines shall be governed by the procedure of general application the claim must be filed within 15 working days of notification of the sanción.5. EjecutivoSe procedure is forced or executive proceedings, ie it is a sentence that should be enforced.