Fundamental Principles of Civil Law and Legal Statutes

Fundamental Principles of the Civil Code

Article 1: Definition of Law

Article 1. The law is a statement of the sovereign will as expressed in the form prescribed by the Constitution, which commands, forbids, or permits.

Article 2: Custom and Practice

Article 2. Custom does not constitute law except in cases where the law refers to it.

Article 3: Interpretation of the Law

Article 3. It belongs only to the legislature to explain or interpret the law in a generally binding manner. Judicial rulings are binding only on the cases currently being decided.

Article 4: Special Codes and Preferences

Article 4. The provisions contained in the Codes of Commerce, Mining, the Army and Navy, and other special laws shall take preference over this Code.

Article 5: Reporting Legal Gaps

Article 5. The Supreme Court and the Courts of Appeals, in the month of March each year, shall report to the President of the Republic the doubts and difficulties they have encountered in the interpretation and enforcement of the law, as well as any gaps they notice.

Article 6: Enactment and Publication

Article 6. The law does not oblige until it is enacted in conformity with the Constitution of the State and published in accordance with the following precepts.

Article 7: The Official Gazette

Article 7. The publication of the law shall be through its inclusion in the Official Gazette, and from that date, it shall be considered known and mandatory. For all legal purposes, the date of the law will be that of its publication in the Official Journal. However, any law may establish different rules regarding publication and the date or dates on which it enters into force.

Article 8: Ignorance of the Law

Article 8. No one can plead ignorance of the law after it has entered into force.

Article 9: Non-Retroactivity of Laws

Article 9. The law can only provide for the future and will never have a retroactive effect. However, laws that restrict themselves to declaring the meaning of other laws shall be incorporated into them, but they shall not in any way affect the impact of court rulings enforceable in the intermediate time.

Article 10: Validity of Acts

Article 10. The law prohibits acts that are void and of no value, except where it expressly designates another effect for a violation.

Article 12: Renunciation of Rights

Article 12. One may renounce the rights conferred by law, provided that they only concern the individual interest of the person resigning and that such resignation is not prohibited.

Article 15: Extraterritorial Application

Article 15. Chileans remain subject to national laws governing civil rights and obligations, regardless of their residence or domicile in a foreign country, in the following cases:

• 1. Regarding the status of a person and their capacity to perform certain acts which are to take effect in Chile;
• 2. Regarding the obligations and rights arising from family relationships, but only for their spouses and relatives in Chile.