Código Civil (Chile)

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Title page of the Código Civil de Chile (edition of 1856)

The Chilean Civil Code ( Código Civil de Chile ) of 1855 is the work of the philosopher and international lawyer Andrés Bello (1781–1865). The scholar, who had worked on the work for more than 20 years, presented the draft civil code to Chilean President Manuel Montt Torres in 1855 , who submitted it to the National Congress for approval. The code, which regulates all of Chilean civil law, came into force on January 1, 1857 and is still valid in Chile (in its form, which has been changed many times since then) to this day. It was widely received in several Latin American countries, in some cases even adopted almost literally (for example in Ecuador , Colombia and El Salvador ).

The Civil Code of 1855 is one of the earliest and pioneering codifications in Latin America to this day . As the first Spanish-language codification, Bello's draft gained its own profile, independent of European models such as the French Civil Code, and is an extremely important source for comparative law due to its early development and history of impact .

Bello is considered to be a representative of a positivist legal philosophy , which was spread earlier in America than in Europe, partly because of its work, and viewed the law as the only source of law with a claim to comprehensive content and exclusive validity. A related specialty of his codification is the consistently maintained principle of territoriality, which, based on the Chilean group, more or less characterizes all Latin American rights. It is characterized by the tendency to want to cover all facts that have any spatial or personal relationship to the country. The Chilean Código Civil not only subjects all residents of Chile, including foreigners, and all things located in the sovereign territory of the state ( movables as well as real estate ) to Chilean law, but also claims validity in family and civil status matters for Chileans abroad. According to this reading, foreign law is only relevant for foreigners abroad, application of the home law of foreigners in Switzerland is fundamentally alien to Chilean law and the conflict of law rules remains one-sided.

literature

  • Hans Arnold: The Chilean Civil Code of December 14, 1855. In: JuristenZeitung , 11th year, No. 23/24 (December 10, 1956), pp. 773–775.
  • Dietrich Nelle: Origin and impact of the Chilean civil code by Andrés Bello (= work on comparative law, 139). Metzner, Frankfurt am Main 1988.
    Review: Alejandro Guzmán Brito, in: Quaderni fiorentini per la storia del pensiero giuridico moderno , ISSN 0392-1867, Vol. 19 (1990) (PDF; 39.8 MB), No. 1, p 601-606 (Spanish).
  • Willibald Posch: Fundamentals of foreign private law systems. A study book. Böhlau, Vienna / Cologne / Graz 1995, ISBN 3-205-98387-4 , p. 108f. in Google Book Search

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