Accionistas de una sociedad anónima que se obligan solidariamente: ¿a quiénes concierne el negocio? (Sentencia Corte de Apelaciones de Santiago de 13 de julio de 2016. Rol N° 13439-2015)

Abstract

The commentary analyzes the sentence issued by the Court of Appeals of Santiago, which ruled that two shareholders bound to a third party, have done themselves simply liable and not jointly and severally liable, as indicated in the contract. The real will of the parties had been to be directly obligated, because the business referred to both, although the contract was a sell of the shares of one of them. The commentary studies the section 1522 of the Chilean Civil Code: If the business for which the joint and several obligations had been contracted, concerned only to one or some of the jointly and severally obligated, these will be liable each other, and criticizes the judgement object of this work.