The doctrine of estoppel by conduct in Chilean and Spanish private Law. Some dogmatic and comparative considerations

Abstract

This paper offers a comparative analysis of the doctrine of estoppel by conduct–commonly referred to as the theory of one’s own acts–in Chilean and Spanish private law. It examines the historical origins, dogmatic evolution, and practical application of the doctrine in both jurisdictions. The study observes that, despite their distinct legal traditions, both countries have arrived at a broadly similar doctrinal position, largely shaped by the practical difficulties associated with its application. In addressing these difficulties, the paper highlights two guiding pr nciples that should inform the doctrine’s use: its residual character and its exceptional nature.