Del influjo canónico en las partidas al influjo canónico en el código civil de chile

Abstract

Canon law has influenced Chile's civil code in various ways. One of them is the specific implicit influence, in which the content of a civil code article reproduces the content of a canon norm with reference to its original source neither in the corresponding article nor in the bill of the code. This mode of influence occurs in two of the articles of the civil code already repealed: Art. 594, which prevented those having ecclesiastical privileges from being tutors or curators; and Art. 2342, which established the ineligibility for bishops, the clergy, and those ordained in sacris to be guarantors. The contents of these articles were obtained from the Siete Partidas*, which, in turn, had been influenced by canon law in the respective matter. Both situations in their canon origins, their transit to the Siete Partidas and from there to the bills and to Chile's civil code are analyzed.

* [N. B.: Las Siete Partidas is the most impor­tant systematization of medieval law, compiled in Spanish by Alfonso X the Wise, c. 1251.]