Vol. 48 No. 1 (2017)
Private Law

The Notion of "Value" as a Negotiation Object in the Value Market, According to Chilean Law

Alejandro Guzmán Brito
Pontificia Universidad Católica de Valparaíso
José Luis Guerrero Becar
Pontificia Universidad Católica de Valparaíso

Keywords

  • Delivery titles,
  • Delivery of goods,
  • Transfer

How to Cite

Guzmán Brito, A., & Guerrero Becar, J. L. (2017). The Notion of "Value" as a Negotiation Object in the Value Market, According to Chilean Law. Pro Jure Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 48(1). Retrieved from https://www.projurepucv.cl/index.php/rderecho/article/view/1157

Abstract

This article is about tradition “titles” (certificates of goods deposited in warehouses, bill of lading, and road waybill), as, it is said, that the transfer of these documents represents the delivery of goods. This article criticizes that concept, because it has no relation with the concept of property, which can only be applied to non-fungible things, however, the goods are fungible things, and there is no way to find out how the goods can be physically transported, when the document is transferred. Rather than that, the transference of the document establishes the transfer of the credit, in favor of someone who would receive the goods. Based on this, the possibility to dematerialize the document is under assessment, to obtain as final objective, the deletion of the document.