Abstract

This article focuses on the post-contractual phase, with the purpose of examining its extremes and contribute to the study of a matter which, although its recognition, has been scarcely analyzed in Chilean Law. To achieve this purpose, the article firstly deals on its recognition in foreign Law and, secondly, on the status quaestionis in the Chilean legal system. Afterwards it examines two criteria that are normally considered as complementary for the definition of its contours and, thus, of its content: one is temporal and the other is functional. By using both criteria allow it is possible to analyze the various assumptions that the doctrine usually incorporates in this stage to discriminate those that are included or not in this phase, its diversity has avoided the adequate configuration of the phase. From a methodological perspective the article carries out a dogmatic analysis of the main Chilean doctrine, as well as the foreign one, on the subject, and ponders critically on the various points of view raised regarding the delimitation of the stage, as well as proposes an interpretation that allows inserting this phase in the contractual íter in a manner that can be regarded as consistent with the development of modern contract Law. The originality and contribution of this topic lies in proposing and applying criteria that will make it possible to specify clearly hypotheses that really fall within this stage and whose infringement may eventually give rise to liability. In this way, it contributes to the development of post-contractual liability, clarifying its delimitation.