Easement of the Residual Owner: A Case of Ius in Rem on Self-Own Property Established in The Article 803 Subsection 2° of the Civil Code of Chile

This paper argues that Article 803 subsection 2° of the Civil Code of Chile set forth a hypothesis of “easement of the residual owner”, as a consequence of the unenforceability of the creditors' rights affected by the assignment or waiver by the debtor of the relevant easement. To sustain that thesis, the author explains the development of this concrete hypothesis that it is a part of the general theory of ius in rem on self-own property. Further, the author analyzes the legal nature of the right contemplated in the abovementioned article and the general effects of the unenforceability against third parties and the acts of disposal. Further, the author shows how the application of these concepts leads to the recognition of the referred residual easement.