La participacion en los gananciales. estudio del regimen economico matrimonial y de su insercion en el sistema de regimenes economicos en derecho de la familia chilena

Abstract

Law Nº 19.335 introduced the income share system. In spite of the ten years that have passed, scant attention has been paid to it, most likely due to its little practical application. The income share system adopts a credit-based mode so that at the end of this system, some account analysis of a comparison of assets (original and final) with the earnings of each of the spouses as a result of their separate and autonomous management is performed; all of which may have resulted from the fact that one of the spouses has earned more than the other, in which case, the spouse who was not that lucky has the right to share half of the sur-plus, and that right is called "income share credit". The corresponding regulations are characterized by the protection they give to the share credit which, in a first instance, is materialized in measures that hinder net worth decreases to the prejudice of the other spouse and, subsequently, in mechanisms that guarantee satisfaction with the share credit. Of special interest are the modifications introduced by Law Nº 19.947, on Civil Marriage, that have a bearing mainly on the application of this system in settling the question of the possible replacement of an arrangement agreed on during the marriage with a new nuptial agreement. In particular, the new 165 CCCh article explicitly provides the replacement of the traditional pre-nuptial arrangement with that of the income share.