The unfair advantage and its incardination in the chilean law of contracts

Abstract

The purpose of this article is to contribute to the study of “unfair advantage” at the national level. The contribution operates in two different ways. In the first place we present the figure in a way that has not been exposed in our doctrine. Secondly, we give an account of the limitations that, in our opinion, suffer from certain dogmatic attempts that, more or less directly, suggest inserting it in Chile and we propose a different approach, that of the vices of consent. Our conclusion is that, although their performance in this regard is low, the vices allows to include some assumptions of situations that seek to be corrected through the figure of unfair advantage.