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In the regulation of the vindicating action, the Colombian, Argentine, and Chilean civil law use different procedural moments to determine when the loss of good faith and the duty to restore the fruits of the claimed assets occur. The Argentine Civil Law uses the legal notification of the demand, while the Colombian and Chilean Civil Code use the statement of defense. However, in Colombia, doctrine and jurisprudence, opposed to the text of articles 964 and 966 of the Civil Code, interpret that good faith is lost with the legal notification of the demand. The present work --making comparative lines between the legislations of the referred countries-- tries to outline what are the reasons behind choosing one or another procedural moment and, with this, elucidate why, if the Chilean and Colombian academy both start from an equal norm, they end up arriving at different interpretations, opposed to each other. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The res iudicata principle has its origin in the ancient roman law. Today, constitutional jurisprudence has placed limitations and guidelines on its application, in order to preserve the real need for juridical certainty. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Socio-Jurídicos is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)