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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| Autor principal: | |
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| Formato: | Artículo |
| Idioma: | Castellano |
| Publicado: |
2017
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7537614 |
| Fuente: | Jurídicas, ISSN 1794-2918, Vol. 14, Nº. 2, 2017, pags. 117-140 |
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| Sumario: |
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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