Criteria for limiting the obligation of paying rent in case of advanced ending of lease contract. An analysis of article 1945 of the chilean civil code

Abstract

Article 1945 of the Chilean Civil Code makes the leaseholder, liable for in advanced ending, forcing them to pay all the rents until the lease is up. As in certain cases, the amount to be paid by the leaseholder may be excessive, this paper proposes adapted criteria to limit or reduce this liability. To that end, it is necessary to previously determine the nature of the obligation of paying rent (compliance or compensation).