SOCIOAFFECTIVITY AND ITS IMPACT ON FILIATION ACTIONS IN CHILE

Abstract

Socioaffectivity stands as a solution to the lack of regulation in cases where there is a filial bond based on affections. In Chile, this institution is manifested through adoption and in the accreditation of notorious possession in actions to challenge and claim filiation that leads to the modification of filiative status, but there is no express regulation that recognizes it. This article highlights the relevance of socio-affectivity in the result of filiation actions based on the notorious possession of the quality of son, defining its contours, evidencing the normative insufficiency and distinguishing it from adoption. The analysis of current regulations on the matter, a review of Chilean doctrine and jurisprudential trends will be used, and the examination of the treatment of the institution by other legislations related to our legal tradition will be considered.