THE JOINT-OWNERSHIP PROPERTY REGIME IN THE CIVIL UNION AGREEMENT.

A NEEDED REVIEW.

Authors

  • Miguel Ignacio Donckaster Moreno

DOI:

https://doi.org/10.29393/RD252-5RPMD10005

Keywords:

Civil union agreement, joint-ownership regime, “family-community”, property relationships, joint-state administration

Abstract

The joint-ownership is one of the property regimes contemplated by Law No. 20.830, that creates the Civil Union Agreement. This is, in fact, the most used by couples who decide to enter into such contract. The objective of this research is to make a critical analysis of the joint-ownership, its creation, administration and termination. For this purpose, an eminently conceptual and comparative analysis is carried out. In addition, sociological elements have been introduced to observe the influence of the substantive relationship of the civil partners, in the normative design of the joint-ownership regime. Based on the above, this regime is characterized as excessively rigid, individualistic and patrimonialist. In order to correct its deficiencies, it is proposed to orient its scope towards a “family-community” model, that organizes the assets around the purposes of the family. 

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Published

2022-12-30

How to Cite

Donckaster Moreno, M. I. (2022). THE JOINT-OWNERSHIP PROPERTY REGIME IN THE CIVIL UNION AGREEMENT.: A NEEDED REVIEW. University of Concepción Law Review, 90(252), 131-157. https://doi.org/10.29393/RD252-5RPMD10005

Issue

Vol. 90 No. 252 (2022)

Section

Artículos

Copyright (c) 2022 Miguel Ignacio Donckaster Moreno

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