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  • Title: Act No. 18.802, of 23 May 1989, [amending the Civil Code and the Commercial Code and Act 16.618].
    Author: Chile.
    Journal: Annu Rev Popul Law; 1989; 16():72, 418-9. PubMed ID: 12344522.
    Abstract:
    In 1989, Chile passed an Act which amended its Civil Code to change the legal status of married women. The amendments repealed the following provisions: 1) that a nondivorced married woman must keep her husband's domicile, 2) that a woman with parental authority cannot remarry unless a court appoints a guardian for the child, 3) that marital authority gives a husband legal rights over a wife's person and property, 4) that a wife need her husband's permission to enter into financial transactions or act as a guardian, 5) that a wife needs a court order or her husband's authorization to administer gifts or inheritances she received under condition that her husband not have administrative power over them, 6) that a wife's adultery results in loss of all control and profit from communal property, 7) that a wife needs her husband's permission to administer an estate or the approval of a judge to continue to administer her late husband's estate if she remarried, 8) that a married woman has diminished legal capacity, and 9) that a husband is responsible for the conduct of his wife. In addition, the Act replaced language stating that a wife owes her husband obedience and a husband owes a wife protection with language stating that each spouse owes each other respect and protection. Wives are given the unrestricted right to work, the right (shared with husbands) to discipline and educate children, the right (shared with husbands) to support after divorce regardless of fault, the right to parental authority, and the right to manage their children's property. Wives no longer have to live wherever their husbands choose. In cases of divorce, a judge will order irrevocable separation of community property and give physical custody of all minor children (boys and girls) to the wife. The position of surviving spouses in regard to inheritance is improved. Real estate brought to a marriage by a wife or received by either spouse as a gift or inheritance is no longer considered community property. Husbands retain the status of head of the marital community and, in most cases, administer community property and the property of their wives and exercise parental authority over children.
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