LA PROTECCIÓN CONSTITUCIONAL DE LOS BIENES INCORPORALES EN CHILE Y EL PROBLEMA DE SU DETERMINACIÓN EN LOS CONTRATOS ENTRE PRIVADOS

Despite all the doubts surrounding the “proprietaryization of rights”, in Chile there seems to be a basic consensus: goods of an incorporeal nature can be constitutionally guaranteed through the right of property. Property over rights. This has been demonstrated by national jurisprudence for more than three decades, under the auspices of a doctrinal discussion that prefers to discuss the scope of this legal technique, rather than question its foundations. However, a key question persists in the development of property ownership in Chile and in the scope of its constitutional recognition: what, exactly, is an incorporeal good? Until the answer to this question reaches agreement, it will be difficult to advance on other topics of interest on the subject, so its clarification becomes a priority. Thus, after a brief historical, doctrinal and jurisprudential review, in this work we propose some guiding criteria in the elucidation of the question posed.