Some reflections on the appropriateness of the rules governing matrimonial property regimes in chilean Private International Law

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Abstract

This paper intends to reflect in the appropriateness of the Chilean conflict rules on matrimonial property regimes to fulfill the goals of Private International law, thus, in their capacity to provide individuals and third parties acting in the international sphere with predictability, justice and juridical certainty. This analysis seems important because Chilean conflict rules do not recognize, in general, the legal efficacy of foreign matrimonial property regimes and submit those who have married abroad necessarily to the matrimonial regime of separation of property unless they agree to be submitted to another of the regimes regulated by chilean law when inscribing their marriage in the Chilean Marriage Register. This solution means that the matrimonial property regime of migrant spouses and of those in passing the country is necessarily modified in respect of all juridical acts to have effect in Chile. This change might alter significantly the ownership of the matrimonial assets and give rise to unpredicted solutions that can be against the legitimate and fair expectations of the spouses. This negative outcome is relevant because chilean law lacks remedies or other legal measures to correct it. This work highlights this problem in order to suggest the correction and/ or modification of these rules so as to guarantee an adequate protection of the spouses' rights.

Translated title of the contributionSome reflections on the appropriateness of the rules governing matrimonial property regimes in chilean Private International Law
Original languageSpanish
Pages (from-to)165-185
Number of pages21
JournalIus et Praxis
Volume22
Issue number1
DOIs
StatePublished - 2016

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