DAMAGES CAUSED BY THE DISCLOSURE OF THE TRUTH

Published 2023-06-09
Section Current legal news

Authors

  • Nathalie Walker Silva Pontificia Universidad Católica de Chile

DOI:

https://doi.org/10.7770/rchdcp-V2N2-art50

Keywords:

Pain and suffering derived from the disclosure of the truth, abuse of law in the exercise of an action, lack of standing to sue, interpretation of the law, scope of application of Article 197 of the Chilean Civil Code

Abstract

The abusive exercise of a paternity action can lead to the compensation of the damages caused, as recognized by paragraph 2 of Article 197 of the Chil-ean Civil Code. This norm is located within the general rules that regulate filiation actions, and it is not legal for the interpreter to restrict its applic ati on only to the actions to claim filiat io