Revista chilena de derecho
versión On-line ISSN 0718-3437
CORRAL TALCIANI, Hernán. MEANING AND SCOPE OF THE DEFINITION OF MARRIAGE IN ARTICLE 102 OF THE CHILEAN CIVIL CODE AFTER THE INTRODUCTION OF DIVORCE BY LAW 19.947 OF 2004. Rev. chil. derecho [online]. 2009, vol.36, n.1, pp.51-76. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372009000100004.
Abstract: Law 19.947 (2004) introduced divorce for the first time in Chile as a means of termination of marriage. However, Law 19.947 did not modify Article 102 of the Chilean Civil Code, which defines marriage as an indissoluble contract between a man and a woman to unite each one to the other for all their lives, to live together, to procreate and to help each other. This article explores different alternatives to solve this contradiction in the Law. One argument is that Article 102 could not be considered abrogated law. Additionally, the word ‘indissoluble’ should not be interpreted as a prohibition to husband and wife to terminate their marriage out of court, and a judicial process. The author suggests a construction that harmonizes Article 102 with Law 19.947 by means of affirming the existence of two concepts of marriage in Chilean law, although with effect in different fields.
Palabras clave : Marriage; divorced; indissolubility; antinomy; derogation.