La tipologia de los legados en el derecho civil chileno

Abstract

This paper criticizes the consideration the Chilean doctrine gives to both legacies in specie, which confer ownership, and legacies of goods and chattels, which grant credit to the legatee, because the Civil Code does not establish such correlation and because there are legacies in specie that do not generate ownership but credit, and there are others that generate neither ownership nor credit. Instead, this paper suggests the following distinctions: (i) of actual effect; (ii) of binding effect; (iii) of rights-in-rem discharging effect; and (iv) of discharging effect of personal and liberating rights. the above does not preclude acknowledging that legacies, either of actual effect or of binding effect may also present, obliquely or straightforwardly, a rights-in-rem discharging effect and a personal rights discharging effect.