Abstract

NARDI, Loris De. Secularizedisaster. Section 45 of the Chilean Civil Code of 1855. Rev. hist. derecho [online]. 2019, n.58, pp.41-60. ISSN 1853-1784.

Chilean Civil Code of 1855 contains some characteristic elements that are very innovative for the time they were written. Among these, section 45 is, undoubtedly, prominent: the rule that by placing itself in the preliminary Title raises the fortuitous case to a General Category.

Based on this premise, after presenting the nineteenth-century Ibero-American codification and the process of elaboration of the Chilean Civil Code, the historical dynamics that led the coders to include article 45 in the preliminary Title will be exhibited; the political needs that determined this decision will be identified; and, finally, the hypothesis that Andrés Bello might not be the father of this article of the Code will be advanced.

Keywords : Chilean Civil Code; Fortuitous case; Threats of natural origin; Chile's history; Andrés Bello.

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