More than 100 are the indications that the project that modifies the Civil Code and other laws received, regulating the patrimonial regime of conjugal society and that is being studied by the Commission for Women and Gender Equality, an instance chaired by Senator Gustavo Sanhueza, who He emphasized that progress is being made “for the dignity of all women in our country.”
The specialized instance has held hearing sessions, where the participation space has been given to all the related actors, among others, authorities and former authorities of the Ministry of Women and Gender Equality; academic; lawyers representing foundations, associations and civil society; in addition to Sonia Arce, petitioner in an emblematic case related to the Conjugal Partnership regime in Chile before the Inter-American Commission on Human Rights.
During the last session, Minister Antonia Orellana explained the scope of the legal text and emphasized the reasons why it is imperative to modify the norm, among others, “the establishment of the conjugal partnership dates from 1857, the date on which the Civil Code in which it is regulated, being a patrimonial regime that violates the principle of equality before the law.
In this regard, it indicated that currently “the husband is the” head of the conjugal partnership “and in that capacity he administers the social assets and even the wife’s own assets.”
In addition, he recalled the Friendly Settlement Agreement signed before the Inter-American Commission on Human Rights (IACHR) in March 2007 in the Sonia Arce Esparza case: the first commitment was the promulgation of a law that reforms the conjugal partnership regime. The IACHR has urged the State of Chile to comply with the obligations agreed in the Friendly Settlement Agreement because more than 15 years have elapsed with the consequent international responsibility.
The head of the portfolio announced that the nature of the changes is to improve the technical references and update, highlighting among the favorable aspects of the proposed model: the principle of equality before the law, the promotion of solidarity between the spouses and the administration of the own goods.
Indications
Some of the indications presented by the Executive advance in the following matters.
It is the supplementary legal regime for marriages celebrated in Chile. The current regulations in force on this matter are maintained as it is a solidarity regime between spouses.
Possibility of agreeing partial separation of assets. The current rule of article 1720 will be maintained, which states that by means of marriage agreements, it will be possible to agree to a total or partial separation of property.
Elimination of the possibility of agreeing to marital partnership, withdrawing the indication of 2021 in this matter. The current standard will be maintained in order to provide greater legal certainty.
Relative credit is maintained.
An indistinct and, in certain cases, joint administration of social assets is established.
The administration of their own assets will correspond to the owner spouse, currently the husband manages them.
Modifications to the extraordinary administration regime are proposed.
It is proposed that the assets that are acquired under a housing subsidy during the term of the conjugal partnership enter the social assets in accordance with the general administration rules. With the above, it is possible to strengthen the solidarity of the regime and protect the main residence of the family, considering that in accordance with the modifications introduced by the indications, the consent of both spouses will be required to carry out any act of alienation.
