Chilean Civil Code

The Chilean Civil Code ( Código Civil de Chile) from 1855 is the work of philosophers and international law expert Andrés Bello ( 1781-1865 ). The scholar, who had worked more than 20 years at the factory, the draft Civil Code in 1855 gave the Chilean president Manuel Montt Torres, who presented it to the National Congress for adoption. The Code, which governs the entire Chilean civil law, effective January 1, 1857 in force and is in Chile valid today (in its amended form since in many cases ). It has been fully rezipiert in several Latin American countries, taken almost word for word in some cases even (as in Ecuador, Colombia and El Salvador).

The Civil Code of 1855 is one of the earliest and still pioneering codifications of Latin America. As the first Spanish-language codification won Bellos design its own independent of European models such as the French Civil Code profile and is due to its early origins and its historical impact as extremely important source of comparative law.

Bello is considered a representative of a positivist philosophy of law, which became widespread in America partly because of his work earlier than in Europe, and regarded the law as the only source of law with the claim comprehensive and exclusive content validity. A related feature is the codification of its consistently held territoriality, which by the Chilean group characterizes starting all Latin American rights, more or less. It is characterized by a tendency to want to cover any event, having any territorial or personal relationship with the country. Thus, subjecting the Chilean Civil Code not only all the inhabitants of Chile including foreigners and all things within the territory of the State ( as well as movable property ) Chilean law, but claimed in family and personal status matters even for Chileans abroad validity. Foreign law has according to this reading, only for foreigners abroad meaning, an application of the right to residency of foreigners in Germany is to Chilean law, however, fundamentally alien and the conflict rule system remains one-sided.