Economic obligations between divorced couples in the new Chilean civil marriage law

Abstract

This paper analyses the patrimonial obligations brought about by divorce according to the new Chilean Civil Marriage Law. Two models of Compared Law, the Spanish and the German models, serve as referents for the revision of the evolution that such law had during its parliamentary discussion in connection with the alimony obligation between the spouses and the establishment of the compensatory obligations in favor of the spouse who suffers patrimonial loss because of the divorce. The study centers especially around the so called economic compensation established for the spouse who suffers patrimonial loss due to the divorce or annulment, contrasting them with the established law that served as its foundation and analyzing its fundamental aspects such as its jurisdictional nature, its supporting foundations and the field of application.