Los bienes públicos en el pensamiento de Andrés Bello y en el Código Civil chileno.

The objective of this research is to establish what the thought of Andres Bello was regarding public goods and how they were regulated in the Chilean civil codification, as a previous and necessary step to formulate a general theory of public goods in Chilean law. For this purpose, a dogmatic h...

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Bibliographic Details
Main Author: Cordero Quinzacara, Eduardo
Format: Article
Language:Spanish
Published: 2017
Subjects:
bienes públicos
bienes nacionales
teoría del dominio público
codificación
public goods
national goods
theory of the public domain
codification
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7537614
Source:Jurídicas, ISSN 1794-2918, Vol. 14, Nº. 2, 2017, pags. 117-140
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Los bienes públicos en el pensamiento de Andrés Bello y en el Código Civil chileno.
Summary: The objective of this research is to establish what the thought of Andres Bello was regarding public goods and how they were regulated in the Chilean civil codification, as a previous and necessary step to formulate a general theory of public goods in Chilean law. For this purpose, a dogmatic historical methodology is followed, considering the regulation and the work of Bello, previous to the Civil Code of 1855, as well as the legal thought prevailing at that time in France and Spain. The author concludes that it is neither possible to link the regime of public goods in the Chilean Civil Code with the theory of the public domain developed in France from Maurice Hauriou nor with the contributions of later Spanish doctrine. In addition, the importance of the analysis lies in the influence that the Civil Code has had on the Chilean Constitution which establishes the bases of the legal regime of property, and where the property has a general character.

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