EL CARÁCTER DISPOSITIVO DE LA COMPENSACIÓN ECONÓMICA

Abstract

The economic compensation introduced by the New Chilean Matrimonial Act of 2004 was introduced as a new legal institution for the national juridical system. This circumstance, next to the fact that its drafting did not follow the exact lines adopted by the systems from which it was taken, bears the difficulty of outlining its character because it is guided only by the brief regulation that governs it. It is in this scenario, after analysing the rules of the Matrimonial Act, that we support the economic compensation which has a disposable character, and which allows the spouses to carry out any judicial acts on their own compensation. The proctection principle to the weakest spouse does not oppose this characteristic.