Guilt as a constituing element of the non-compliance with the obligations of means and diligence

Abstract

This work attempts to show that the notion of non-compliance with the obligations entailing diligence covers guilt, from which it cannot become separate. The creditor only has to certify the existence of the obligation and the debtor has to prove the diligence or compliance, according to article 1547, 3^rd section of the Chilean Civil Code, and article 1698 thereof.