Revista chilena de derecho
versión On-line ISSN 0718-3437
CORRAL TALCIANI, Hernán. La compensación económica en el divorcio y la nulidad matrimonial. Rev. chil. derecho [online]. 2007, vol.34, n.1, pp. 23-40. ISSN 0718-3437. doi: 10.4067/S0718-34372007000100003.
The economic compensation (compensación económica) is a new legal institution which has been introduced in Chilean Family Law by the Ley N°19.947, New Civil Marriage Act. This article argues that the difficulties to uncover the legal nature of this new institution arise from the confusion created by the so-called divorcio vincular (absolute divorce or divorce a vinculo matrimonii), which, on the one hand, aims at dissolving the links of support and help that are indeed proper to marriage, but, on the other hand, intents not to overly damage the spouse who believed in the promise of marital fidelity and devoted his or her energy to keep the family together. Legally speaking, the economic compensation constitutes neither an element of tort nor an alimony. It could be best understood as a type of damages that arise from the rights that are assigned by marriage (in this case, the economic support of marriage). The new Act mainly requires that the divorce (or the annulment) be the cause of an economic loss for one of the spouses. In most cases, such a loss will stem from the fact that the spouse stayed at home, but it can also derive from other factors which are mentioned in the Act and analyzed in this Article.
Palabras clave : divorce; annulment of marriage; economic compensation; weak spouse.