MARRIAGE AS A DEFENSE AGAINST THE PRECARIOUS ACTION

Authors

  • Iñigo De la Maza Gazmuri Universidad Diego Portales

DOI:

https://doi.org/10.29393/RD252-1EMIM10001

Keywords:

Precarious action, Marriage, legal defense, Property protection, Chilean Supreme Court

Abstract

Many times, the Supreme Court has decided precario cases where the defendant argues marriage to justify his position. The Supreme Court holds two contradictory lines of reasoning. The purpose of this article is twofold. On the one hand is about to show these two lines and its contradictory character. On the other is about defending one of them as correct and apply it. Three conclusions emerge: First, marriage must exist. Second, besides civil fraud this defense is  worthless regarding third parties. Three, concurring precarious action and precarious loan, then general rules of concourses must be used. 

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Published

2022-12-30

How to Cite

De la Maza Gazmuri, I. (2022). MARRIAGE AS A DEFENSE AGAINST THE PRECARIOUS ACTION. University of Concepción Law Review, 90(252), 15-44. https://doi.org/10.29393/RD252-1EMIM10001

Issue

Vol. 90 No. 252 (2022)

Section

Artículos

Copyright (c) 2022 Iñigo De la Maza Gazmuri

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