Historical-normative confluence between the property registries of Spain and Chile

Authors

  • Santiago Zárate G. Universidad Central de Chile

Abstract

The purpose of this paper is to establish a relation or an historical-normative confluence between the property registration systems of Spain and Chile, with an emphasis on non-legislative sources circulating in Europe and Chile during the first half of the 19th century. This coincidence is remarkable since two independent legislations, at least in theory, had the same influences for the purpose of building a property registration system that was appropriate to the new times that were running, and which, due to problems of a political nature and practices, did not they had a legal representation until well after they were published. We refer to the texts of Anthoine de Saint-Joseph of 1840, called Concordance entre les codes civils étrangers et le Code Napoleón, translated into Spanish by the lawyers of Madrid, Fermín Verlanga and Juan Muñiz in 1843; and, the book of Florencio Garcia Goyena of date 1852, titled Concordances, motives and commentaries of the Spanish Civil Code, in which the jurist Claudio Anton de Luzuriaga also contributed remarkably.

Keywords:

Confluence historical-normative, Literary texts, Property registration, Spain, Chile