Rescission for lesion in partitions: An exercise about the nature of things in Chilean Civil Law

Abstract

The author criticizes article 1348 (section second) of the Chilean Civil Code that, referring to a partition, states that “The rescission on grounds of lesion is granted to which has been harmed in more than half of his quota”, as unfair and inconvenient, proposing its legislative modification (and meanwhile, a flexible interpretation), arguing that “the nature of things” in a partition is diverse, in all that matters to this problem, to the one of the contractual relations with which the mentioned disposition assimilates it.