Chilean Civil Code - Sources

Sources

Traditionally, the Napoleonic Code has been considered the main source of inspiration for the Chilean Code. However, this is true only with regard to the law of obligations and the law of things (except for principle of abstraction), while it is not true at all in the matters of family and successions.

The indisputable main source of the Civil Code is the Siete Partidas (Seven-Part Code) of King Alfonso X, perhaps the pinnacle of Spanish ius commune. For instance, in relating the acquisition of property, the code makes a clear distinction between the titles and the actual acquisition of property, similarly to the Roman Law and the German Bürgerliches Gesetzbuch.

The traditional Spanish law is also manifested strongly in the matter of successions. This is true notwithstanding the important modernisations made by the Code, such as eliminating the preference for the males in the adjudication of the estate, the end of mayorazgos (the adjudication of the whole estate to the elder male son) and the adoption of a rule against successive ususfructs.

Similarly, it adopted the Canonical Law provisions regarding marriage.

The Code made important changes, inspired by the examples of European Codes in place or in preparation. Regarding the real estate, the Code was inspired by the old German registry system, adapting it to the necessities of the post-colonial economy. It was the first Civil Code containing especific provisions regarding the legal persons systematically.

The Code based its method of interpretation on the Louisiana Code creating a system original to its era.

Although the Napoleonic Code influenced the Chilean Code largely regarding the law of obligations, this influence is in no case a mere transcription. For instance, while the French Code's final book is entitled "On Contracts", the Chilean Code's last book, second title, is named "On the declarations of will", comprising a general theory of contract.

The Chilean Code is of clear neoclassic inspiration. Each institution is first aborded from an axiom and then the articles or sections cite examples or consequences of the axiom with a didactic purpose.

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