Constitución de servidumbres sobre predio propio por acto jurídico unilateral del dueño: destinación formal del padre de familia y relectura del "servicio aparente"

According to the principle nemini res sua servit iure servitutis, the owner is traditionally not allowed to unilaterally impose a servitude between own property. This impossibility has led to a harmful limitation to the pecuniary interests of the owner. Some legislations have introduced exceptions to that principle, thereby creating the "servitudes of the owner". To allow the owners to constitute servitudes without meeting the requirement that dominant and servant lands must belong to different owners, doctrinaires have reinterpreted the current norm. Therefore, a rereading of the "apparent charge" of articles 881 and 938 of the Chilean and Colombian Civil Codes, respectively is done, which entails the formal destination of the owner, solving the problem through "destination made by the family father".