Revista chilena de derecho
versión On-line ISSN 0718-3437
GUZMAN BRITO, Alejandro. THE DOUBLE NATURE AS HEREDITARY DEBT AND HEREDITARY FORCED ASSIGNMENT OF THE ALIMONY OWN BY LAW TO CERTAIN PEOPLE. Rev. chil. derecho [online]. 2008, vol.35, n.2, pp. 311-339. ISSN 0718-3437. doi: 10.4067/S0718-34372008000200005.
This article presents the double character that the alimony set during the life of the obligor possesses according to the Civil Code after the obligor's death. In fact, the obligation remains enforceable either in its character of "asignacion hereditaria forzosa" (comparable with the statutory legathy provision), payable with and up to the limits of the estate of the deceased or in its character of "deuda hereditaria" (comparable with the hereditary debt). This article argues that the latter is much better than the former; and will show that upon the death of the obligor the character of the alimony does not change and that although it becomes a "deuda hereditaria" with certain special and peculiar aspects, it becomes so because of its original character as alimony. This article will also argue that this last character derives from the law. Further, it will also show that the alimony has to be met by the heirs of the obligor because of it character of debt, similar to all the others debts contracted by the deceased while still alive, rather than its character of an "asignacion hereditaria forzosa". Finally, this article provides with a likely explanation for the subsistence of the "asignacion hereditaria forzosa", mainly the history of Civil Code and particularly the different drafts which preceded the final version of the Civil Code in relation to alimony.
Palabras clave : Asignables hereditary food forced; Debts inherited; Transferability of the maintenance obligation.