Anaya Nolan
Chile is a civil law country, with a legal system primarily based on the Chilean Civil Code of 1855, derived from Spanish law and other codes of Continental Europe of the 19th century. The Civil Code, which came into force on 1 January 1857, has been amended numerous times, particularly in relation to family law and the law of successions, to promote more equal relations between men and women and eliminate discrimination against children born outside of marriage. The Chilean judiciary includes one Supreme Court, one Constitutional Court, 17 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges, and many other specialised courts and tribunals.
| Characteristics | Values |
|---|---|
| Type of Law | Civil Law |
| Inspiration for the Chilean Code | Napoleonic Code, French Code, Castillan Law |
| Judicial System | Three levels: Supreme Court, Courts of Appeals, and Tribunal of First Instance (or lower level) |
| Number of Courts of Appeals | 17 |
| Number of Ordinary Judges | Over 300 |
| Independence of Judiciary | Yes |
| Right to Legal Counsel | Yes |
| Right to Appeal | Yes |
| Average Civil Trial Duration | More than 5 years |
| Percentage of Lawsuits resulting in a definitive sentence or court-imposed settlement | 8% |
| Family Law | Marriage, separation, divorce, filiation, support, and compensatory orders |
| Recognition of Foreign Divorce | Yes, if ruled by a judicial judgment under the general rules of the Civil Procedure Code |
| Same-Sex Marriage | Legal since 2021 |
| Civil Union Agreement | Created in 2014 |
| Child Act | Created in 1967 |
| Domestic Violence Act | Created in 1993 |
| Central Bank | Autonomous entity with full legal capacity and its own assets |
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What You'll Learn
Chile's legal system is civil law-based
The Chilean legal system is historically divided into three levels: the Supreme Court, the Courts of Appeals, and the tribunal of first instance (or lower level). The Supreme Court, or "Corte Suprema", has administrative and regulatory control of all judges and is composed of 21 judges who are appointed by the President of the Republic with the approval of the Senate. The Courts of Appeals are made up of between four and thirty-one judges, one of whom is the President of the Court.
The Civil Code of the Republic of Chile, also referred to as the Code of Bello, is the work of jurist and legislator Andrés Bello. It was passed into law on December 14, 1855, and came into force on January 1, 1857. The Code has been amended numerous times, particularly in the areas of family law and the law of successions, to promote more equal relations between men and women and eliminate discrimination between children born inside or outside of marriage.
In addition to the Civil Code, Chile's legal system also includes the Commerce Code, which deals with business law, and various laws outside the Code that address business law and other specialized areas. Matters such as banking and the stock exchange are strongly regulated by government agencies and are subject to public scrutiny.
Chile's legal system provides for an independent judiciary, and defendants enjoy a presumption of innocence and the right to appeal. The law also provides for the right to legal counsel, and public defender's offices provide free professional legal assistance to those who need it.
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The Chilean Civil Code is derived from Spanish law
The Chilean Civil Code, also known as the Code of Bello, is the work of Chilean-Venezuelan jurist and legislator Andrés Bello. The code was passed into law on December 14, 1855, and came into force on January 1, 1857. It has been amended several times since then, but it has been kept in force.
The Chilean Code also draws from the Napoleonic Code, but only in the law of obligations and the law of things, excluding the principle of abstraction. It differs from the French Code in its scheme and content, resembling Castillan law. The Chilean Code is influenced by European Codes in matters of marriage, adopting Canonical Law provisions. Regarding real estate, the Code was inspired by the old German registry system, adapting it to the post-colonial economy. The Code's method of interpretation is based on the Louisiana Code, creating a system original to its era.
The Chilean Civil Code has been an important influence in Latin America, being integrally adopted by Ecuador, El Salvador, Venezuela, Nicaragua, Honduras, Colombia, and Panama. It has been praised as Latin America's most significant legal accomplishment by legal experts in the region.
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The Civil Code has been amended to be more progressive
Chile's legal system is based on civil law, primarily derived from the Chilean Civil Code of 1855. The Civil Code, created by jurist and legislator Andrés Bello, has been amended numerous times since its implementation in 1857, with the most recent reforms focusing on progressing social values.
One of the most notable amendments to the Civil Code was the introduction of more equal relations between men and women, specifically in the context of married couples. For example, Article 1749 of the Civil Code previously established the presumption that husbands were the head of the household and controlled marital property, as well as property owned by their wives. In 1989, this authority of the husband was repealed, marking a significant step towards gender equality in Chilean law.
Another important aspect of the progressive amendments to the Civil Code is the elimination of discrimination between children born within and outside of marriage. In 1998, a new filiative system was introduced, granting equal rights to all children regardless of their parents' marital status. This reform aligns with international trends towards recognising the rights of children born outside of traditional family structures.
In recent years, Chile has also made strides towards recognising the rights of same-sex couples. In 2014, the Civil Union Agreement was created, and in 2021, same-sex marriage was established. These developments reflect a broader shift towards recognising the rights of the LGBTQ+ community in Chilean society.
Additionally, Chile has been at the forefront of progressive legislation regarding gender identity. In 2018, the Gender Identity Law was passed, allowing transgender people over the age of 14 to update their names on legal documents. This law recognises the importance of affirming one's gender identity and contributes to a more inclusive legal framework.
While Chile has made significant progress in amending the Civil Code to align with progressive values, there are still ongoing debates and challenges. For example, efforts to expand abortion rights and implement progressive tax reforms have faced opposition from conservative groups. Nonetheless, the amendments made to the Civil Code thus far reflect a commitment to adapting the law to meet the evolving needs and values of Chilean society.
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The judiciary is independent and respects human rights
Chile's legal system is based on civil law, primarily the Chilean Civil Code of 1855, derived from Spanish law and other codes of Continental Europe from the 19th century. The judiciary of the Republic of Chile includes one Supreme Court, one Constitutional Court, 17 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges, 7 Military Tribunals, over 300 Local Police Courts, and many other specialised Tribunals and courts in matters of family, labour, customs, taxes, and electoral affairs, among others.
The judiciary in Chile is independent, and the government generally respects this provision in practice. The constitution provides for an independent judiciary, and the government generally respects judicial independence and impartiality. The constitution and law provide for the right to a fair and public trial, and the judiciary generally enforces this right. The law also provides for the right to legal counsel, and public defenders' offices across the country provide free professional legal counsel to anyone seeking such assistance.
In civil matters, there is an independent and impartial judiciary that permits individuals to seek civil remedies for human rights abuses. The civil justice system has retained antiquated and inefficient procedures that have resulted in civil trials lasting years, and sometimes decades. However, administrative and judicial remedies are available for alleged wrongs. Cases involving violations of an individual's human rights may be submitted through petitions by individuals or organisations to the Inter-American Commission on Human Rights, which may then submit the case to the Inter-American Court of Human Rights.
The government permitted prison visits by independent human rights observers, and such visits took place at both government and privately operated facilities. The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of their arrest or detention in court. The government did not always observe these requirements. Only public officials expressly authorised by law could arrest or detain citizens, and they generally did so openly, with warrants based on sufficient evidence brought before an independent judiciary.
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The Supreme Court has significant powers and influence
Chile's legal system is based on civil law, primarily the Chilean Civil Code of 1855, derived from Spanish law and other 19th-century Continental European codes. The Supreme Court of Chile, located in the capital Santiago, is the highest court in the country. It administers the lower courts and is composed of twenty-one members, called ministers. The Court's regular operation is through four chambers, each with five ministers, of whom three must be judges and two can be either lawyers or judges.
The Supreme Court's members are appointed by the President from a list of five choices, two of whom must be senior judges from appellate courts, and the remaining three may have no judicial experience. The President's choice must be ratified by a two-thirds majority in the Senate. Justices must be at least 36 years old and can serve until the retirement age of 75.
One of the Court's key functions is acting as a Court of Cassation, ensuring a uniform interpretation of the law across the country. While a single judge's sentence only applies to the specific case, the Supreme Court's decisions set a strong precedent for lower courts and judges in similar cases. The Supreme Court also occasionally grants jurisdiction to military prosecutors when formal charges are filed in civilian courts against military or police personnel for acts performed on duty. This has been significant in human rights cases, as military courts may grant amnesty without a full investigation.
The Supreme Court has been involved in several controversial rulings. For instance, in 2004, it upheld a lower court's decision to strip Judge Karen Atala of child custody due to her sexual orientation. In another case, the Court dismissed charges against former dictator Augusto Pinochet in 2002, citing dementia and unfitness to stand trial. These decisions highlight the influence and impact of the Supreme Court in Chile's judicial system.
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Frequently asked questions
Chile is a civil law country.
The Chilean Civil Code of 1855, derived from Spanish law and other codes of Continental Europe of the 19th century.
The Chilean Civil Code covers a range of topics including family law, succession law, and business law. It has been amended several times to modernise its provisions, for example, to introduce equal rights for men and women, and to eliminate discrimination between children born inside or outside of marriage.
