Abstract

This article identifies and critically analyzes the arguments given by the Civil Chamber of the Chilean Supreme Court when justifying its overwhelming rejection of claims of infringement of the rules governing evidence in tort cases, when deciding recursos de casaci & oacute;n en el fondo (cassation appeals on the merits) between 1995 and 2023. To this end, the article addresses some aspects related to the way in which the Court delineates the rules governing evidence as a ground for cassation based on certain evidentiary concepts. Then, it exposes and justifies possible additional reasons underlying the explicit motives to reject cassation appeals, and it concludes proposing certain questions whose answer requires further research.