Abstract
The article is about the damage caused by an unidentified member of a group. The author proposes a possible implementation of this damage on the Chilean legal system, taking into account that the Civil Code does not include it among itsnon-contractual liability rules. With this aim, the main academic opinions - foreign most of them - are analyzed in the first place. Next, the situation of this damage in Comparative Law is reviewed, especially in the European legal systems that include it. Last, a mechanism to fill the gap observed on Chilean law is proposed, justifying the reparation of this damage on the basis of several norms of the Civil Code itself and other legal texts.
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