Arantxa Gutiérrez

Postdoctoral Research Fellow

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Biography

Arantxa is a Postdoctoral Research Fellow of the project The Family Justice Response to Allegations of Domestic Abuse: A Comparative European Analysis led by Professor Shazia Choudhry.

She holds a PhD in Law from the University of Edinburgh (2021) which was funded by the Chilean National Research and Development Agency (ANID). She also completed an LLM in European and Comparative Private Law (2016) from the same university, for which she was awarded the Edinburgh Global Latin-American Master's Scholarship. Prior to that she earned her first degree in Legal and Social Sciences from the University of Chile.

She is a founding member of the Chilean Network for Comparative Law and part of its first Executive Committee. Arantxa is also affiliated to the Society of Legal Scholars, and the Ius Commune Research School. She has been visiting and exchange student at several universities. Her research visit at the Université de Strasbourg, France, was funded by the League of Research Universities (LERU), while her semester at Universität Heidelberg in Germany was sponsored by the Baden-Württemberg Stiftung. She also spent a semester at Humboldt-Universität zu Berlin. Arantxa is a native speaker of Spanish and Bulgarian, as well as being fluent in French and German. Moreover, she has an A2 level in Russian and Arabic, and has an intermediate level of reading in Latin.

Currently she is collaborating with a group of academics in the creation of a comprehensive database of rulings of the Chilean Supreme Court. Proyecto Vigía aims to draw attention to emerging trends in topics related to Private law and critically assess them.

She is qualified to practice law in Chile.

Publications

Recent additions

  • A Gutiérrez, '"Weakness” in the context of the compensation of nonpecuniary losses in English law and French law' in Maria Konstantina Kiapekaki, Stefanos Gakis, Kansu Okyay, Romain Place et Mathieu Perrin (ed), La faiblesse en droit (Mare et Martin 2020)
    ISBN: 978-2-84934-449-1
  • A Gutiérrez, 'Compensación del daño moral “puro” de las víctimas secundarias o por rebote. Comentarios comparados en derecho inglés y francés.' (2020) Revista Chilena de Derecho Privado
    DOI: http://dx.doi.org/10.4067/S0718-80722020000100217
    Moving away from the traditional cases dealing with death or injury of the primary victim, the Chilean Supreme Court compensated the non-pecuniary losses suffered by the wife and children of a man who was wrongly accused of being the author of a crime in the evening news emission of a national television broadcaster. A review of the current framework of protection given to honour and reputation will be useful to assess the structure of the compensation of non-pecuniary losses, distinguishing between normative and consequential ones, as well as highlighting to what extent “pure” moral losses are redressed. Additionally, the limitations imposed by other jurisdictions such as English and French law will be outlined, focusing on both the cases where secondary victims can claim such losses, as well as the restrictions imposed on the class of persons who can make such claims. All this will expose how the Chilean legal system shows signs of being one of the most liberal of the world regarding the breadth of the compensation of non-pecuniary losses, this being only one example among many others.
    ISBN: 0718-8072

All publications

Chapter (1)

A Gutiérrez, '"Weakness” in the context of the compensation of nonpecuniary losses in English law and French law' in Maria Konstantina Kiapekaki, Stefanos Gakis, Kansu Okyay, Romain Place et Mathieu Perrin (ed), La faiblesse en droit (Mare et Martin 2020)
ISBN: 978-2-84934-449-1

Journal Article (1)

A Gutiérrez, 'Compensación del daño moral “puro” de las víctimas secundarias o por rebote. Comentarios comparados en derecho inglés y francés.' (2020) Revista Chilena de Derecho Privado
DOI: http://dx.doi.org/10.4067/S0718-80722020000100217
Moving away from the traditional cases dealing with death or injury of the primary victim, the Chilean Supreme Court compensated the non-pecuniary losses suffered by the wife and children of a man who was wrongly accused of being the author of a crime in the evening news emission of a national television broadcaster. A review of the current framework of protection given to honour and reputation will be useful to assess the structure of the compensation of non-pecuniary losses, distinguishing between normative and consequential ones, as well as highlighting to what extent “pure” moral losses are redressed. Additionally, the limitations imposed by other jurisdictions such as English and French law will be outlined, focusing on both the cases where secondary victims can claim such losses, as well as the restrictions imposed on the class of persons who can make such claims. All this will expose how the Chilean legal system shows signs of being one of the most liberal of the world regarding the breadth of the compensation of non-pecuniary losses, this being only one example among many others.
ISBN: 0718-8072

Research projects

Research Interests

Her research interests lie in Comparative Law broadly construed, privacy protection, defamation, and personal injury compensation, as well as general taxonomic questions and legal history. Her doctoral thesis examined the taxonomy of non-pecuniary losses in English law with a particular focus on how this compares to the idea of préjudice moral in French law.

Research projects