The Chilean Civil Code of 1855: History, Principles, and Interpretation
The Chilean Civil Code: Definition and Scope
The Civil Code is a singular, orderly, and systematic body of private law—a legal framework designed to regulate the civil relations between individuals. Since the nineteenth century, countries across Europe, Latin America, and several nations in Africa, Asia, and Oceania have enacted civil codes.
Historical Context of the Chilean Civil Code
Once independence was achieved, the American nations detached from Spain continued to apply the old, complicated colonial legal system.
The young republics quickly adopted new Constitutions and laws necessary to consolidate the new political order. However, the old civil law remained in force because there had been neither sufficient time nor peace to replace it.
Andrés Bello and the Drafting Process
In Chile, however, there was both the time and the need for its own Civil Code. It was crucial to find a knowledgeable and tenacious man who, alone or within committees, would undertake the arduous task of writing the code. Chile was fortunate to have this man. This glory was reserved for the Venezuelan Andrés Bello, who, shortly after arriving in Chilean territory, dedicated himself to this effort starting in 1831, working with exemplary dedication until its completion.
Bello’s Contribution to the Chilean Nation
Bello played an outstanding role in forging the necessary institutional framework for the new Chilean nation, highlighting his contributions to education and culture and his influence on the momentum of the literary movement of 1842. He taught at the National Institute, edited El Araucano, and served as president of the nascent University of Chile from 1843 until his death.
As noted above, Bello was the main drafter of the Chilean Civil Code, promulgated in 1855 and still in force in the legal system today.
Promulgation and Entry into Force
After years of work (formally with the help of several committees, but in practice acting largely in solitary), Bello presented the draft code in 1855. President Manuel Montt presented it to Congress, accompanied by a message written by Andrés Bello himself, on November 22, 1855. It was adopted on December 14, 1855.
The Code entered into force on January 1, 1857, and has remained in effect ever since.
Sources of Inspiration
Traditionally, it was believed that the main source of inspiration for the Chilean Civil Code was the Napoleonic Civil Code. While this is true concerning obligations and contracts, it is not the case in other areas. The primary source was the Siete Partidas (Seven Parts) of Alfonso X (a statement of common law).
Fundamental Principles of the Civil Code
The fundamental principles underlying the text of this code are:
- Autonomy of the will (Private autonomy).
- Protection of Good Faith.
- Sanction against unjust enrichment.
- Responsibility (Liability).
Structure of the Chilean Civil Code
The Chilean Civil Code is divided into a preliminary title, four books, and a final title.
Interpretation of Law (Articles 19-24)
The Code provides specific rules for the interpretation of its provisions:
Article 19
If the meaning of the law is clear, its wording must not be disregarded on the pretext of consulting its spirit. However, to interpret an obscure expression, one may resort to the intention or spirit of the law.
Article 20
The words of the law are understood in their natural and obvious sense, according to the general use of those words.
Article 21
Technical words of any science or art shall be taken in the sense given to them by those who profess the same science or art, unless it appears that they are taken in a different sense.
Article 22
The obscure passages of a law can be clarified by means of other laws, particularly if they concern the same subject.
Article 23
The extent to be given to all law is determined by its genuine meaning and interpretation according to the rules of precedent.
Article 24
In cases where the previous interpretation rules could not be applied, obscure or contradictory passages shall be interpreted in a manner most conformable to the spirit of the overall legislation and natural justice.