RÉGIMEN DE CONSTITUCIÓN DE LOS BIENES FAMILIARES EN CHILE: ¿UN SISTEMA JUDICIAL Y REGISTRAL PERTINENTE?.

Abstract

In 1994 Chilean legislation regulated the institution of family property. Chilean lawmakers opted to institute a formal system of encumbrance or creation of family property, encompassing the immovable property that is the family's main residence as well as the chattels with which the home is fitted. This formal system places its primary focus on judicial intervention and reporting mechanisms. This, in direct correspondence with, first, the various interests involved and, second, the effects encumbrance generates, appears to be an adequate mechanism, for it enables the reconciliation of the former and the specification of the latter. This short article proposes to review the forms established by legislators for the encumbrance and disencumbrance of family property, giving an account of the main controversies and interpretations that the creation and disencumbrance system has generated.