The Chilean Civil Code: History, Influence, and Structure

A Civil Tell Có

is a singleton, orderly and systematic rules of private law, i.e., a legal body which aims to regulate the civil relations of people. From the nineteenth century, all countries in Europe and Latin America and several from Africa, Asia, and Oceania have enacted civil codes.

The Civil Say Có

Once consummated independence still applies in the American nations detached from Spain, the old colonial and complicated legal system.

The young republics were soon equipped with brand new Constitutions and laws needed to consolidate the new order of things, but the old civil law remained in force because there had been no time nor peace to replace it.

But in Chile it was time and the need for a Civil Code itself and it was important to find a knowledgeable and tenacious man who alone or within committees, he was given the arduous task of writing our code. India was fortunate to have this man. This glory was reserved for the Venezuelan Andres Bello, who, shortly after arriving in the territory of Chile, and in 1831, was devoted to that effort with exemplary record until terminated.

Bennett played a most outstanding role in forging the necessary institutional framework to shape the new Chilean nation, highlighting its contribution to education and culture and its influence on the momentum that gave the literary movement of 1842. He taught at the National Institute, editor of the Araucanian and served as president of the nascent University of Chile from 1843 until his death.

As noted above Bello was the main drafter of our Civil Code, promulgated in 1855 and continues in force in our legal system.

After years of work (formally with the help of several committees, but in practice acting in solitary), Bennett presented the draft code in 1855. President Manuel Montt was presented to the knowledge of Congress, accompanied by a message written by himself Andres Bello, 22 November 1855, which was adopted on 14 December 1855.

Entered into force on 1 January 1857 and has remained in force ever since.

Traditionally it was believed that the main source of inspiration for the Chilean Civil Code has been the Napoleonic Civil Code. While this is true concerning the obligations and contracts, it is not in the other areas. The main source was the Siete Partidas of Alfonso X (a statement of common law).

Fundamental principles

The fundamental principles underlying the text of this code are:

• Autonomy of the will. (Private autonomy)
• Protection of Good Faith
• Penalty to unjust enrichment.
• Responsibility.

Civil Structure say Có

The Chilean Civil Code is divided into a preliminary title, four books, and a degree.

Interpretation of law

Art 19 if the meaning of the law is clearly not disregard its wording on the pretext of consulting his spirit but they can be to interpret a dark expression of his intention to resort to law or spirit

Art 20 The word of law is understood in its natural and obvious sense according to the general use of the same words

Art 21 technical words of any science or art were taken in the sense that they give their qeu profess the same science or art unless aparesca taking in a different direction

Art 22 The dark passages of a law can be illustrated by means of other laws and particularly if you are about the same subject

Art 23 the extension to be given to all law is determined by its genuine meaning and interpretation to the rules of precedent

Art 24 in the cases could not App previous interpretation rules were interpreted obscure or contradictory passages in a manner more conformable to the spirit seems alm overhaul of legislation and natural justice