ACT NO. 19.335 ESTABLISHES A REGIME FOR PARTICIPATION IN THE GANANCIAS, AND MODIFIES THE CIVIL CODE, THE CIVIL MARRIAGE LAW, THE PENAL CODE, THE PENAL CODE OF PROCEDURE, AND OTHER LEGAL BODIES THAT INDICATE, bearing in mind that the H. National Congress has given its approval to the following Bill: " Chapter I Regime for participation in ganancias 1. General Rules Article 1 °.-In the case of matrimonial property agreements concluded in accordance with the first paragraph of Title XXII of the Fourth Book of the Civil Code, the spouses may agree to the regime of participation in the ganancias. The spouses may, subject to the provisions of Article 1723 of the same Code, replace the conjugal society or the separation regime with the participation scheme provided for in this law. In the same way, they will be able to replace the regime of participation in the ganancias, by the total separation of goods. Article 2.-In the system of participation in the gancials, the patrimonies of the husband and wife are kept separate and each spouse administers, enjoys and freely has his own. At the end of the life of the property regime, the value of the ganancials obtained by the spouses is compensated and they have the right to participate by halves in the surplus. The above principles govern in the form and with the limitations mentioned in the following articles and in paragraph 1 of Title VI of the First Book of the Civil Code. 2. Of the administration of the patrimony of the spouses. Article 3.-None of the spouses may grant personal benefits to third parties without the consent of the other spouse. Such authorisation shall be subject to the provisions of Articles 142, second indent and 144 of the Civil Code. Article 4 °.-Acts executed in contravention of the preceding article shall be invalid. The four-year period for the imposition of the nullity shall be counted from the day on which the spouse who alleges it became aware of the act. But in no case may the last 10 years since the act or contract be concluded. Article 5 °.-The dissolution of the regime of participation in the ganancias, the patrimonies of the spouses shall remain separate, preserving these or their causes full powers of administration and disposition of their property. At the same date, the ganancials obtained during the period of the participation regime in the ganancias will be determined. 3. Of the determination and calculation of the ganancials. Article 6.-The difference in net value between the original assets and the final assets of each spouse is understood by ganancials. A property of each spouse is understood to be the existing one at the time of opting for the scheme establishing this law and for its final assets, which exists at the end of the scheme. Article 7.-The original assets shall be deducted from the total value of the assets of which the spouse is a holder at the beginning of the scheme, the total value of the obligations of the spouse on that date. If the value of the obligations exceeds the value of the goods, the original estate shall be deemed to be worthless. The original assets shall be added to the original assets during the duration of the scheme, deducted from the charges for which they are taxed. Article 8 °.-Goods acquired during the period of validity of the arrangements for participation in ganancials shall be added to the assets of the original assets, even if they have been for consideration, when the cause or title of the acquisition is prior to the the start of the goods regime. Consequently, and without the following enumeration being taxable, the assets of the original assets shall be added: (1) The goods which one of the spouses had before the property regime, even if the prescription or transaction with which he made them has been operated or has been agreed upon during the life of the property regime. (2) Goods which were held prior to the regime of goods for a vicious title, provided that the vice has been purged during the validity of the regime of goods by the ratification or by another legal means. 3) Goods that return to one of the spouses for the nullity or resolution of a contract, or for having revoked a donation. (4) Litigious assets, the peaceful possession of which has been acquired by any of the spouses during the duration of the scheme. 5) The right of usufruct that has been consolidated with the nuda property belonging to the same spouse. 6) What is paid to any of the spouses by capital of credits constituted before the validity of the regime. The same shall apply to interest accrued before and paid thereafter. 7) The proportion of the price paid before the start of the scheme, for goods acquired as a result of contracts of promise. Article 9 °.-Fruit, even those originating from originating goods, shall not be incorporated into the original patrimony. Neither are the mines reported by one of the spouses, nor the remuneration for services that have been given to the person served. Article 10.-The spouses are common, according to the general rules, of the goods acquired as a whole, for consideration. If the acquisition has been granted free of charge by both spouses, the rights shall be added to the respective original assets, in the proportion set out in the respective title, or in equal parts, if the title does not speak in this respect. Article 11.-The spouses or spouses shall, at the time of the agreement, carry out a simple inventory of the goods which make up the original estate. In the absence of an inventory, the original assets can be tested by other instruments, such as records, invoices or receivables. However, other means of proof will be admitted if it is shown that, under the circumstances, the husband or spouse was not in a position to procure an instrument. Article 12.-At the end of the system of participation in the ganancials, the movable property acquired during the period, except for the personal use of the spouses, is presumed to be common. Proof to the contrary shall be based on written records. Article 13.-The goods that make up the original asset are valued according to their condition at the time of the entry into force of the property regime or its acquisition. Consequently, its price at the time of incorporation into the original estate will be prudentially updated to the date of termination of the scheme. The assessment may be made by the spouses or by a third party appointed by them. On subsidy, by the judge. The above rules also apply to the valuation of liabilities. Article 14.-The final assets shall be deducted from the total value of the assets that the spouse owns at the time of the end of the scheme, the total value of the obligations that he has on the same date. Article 15.-In the final estate of a spouse, the amounts of the decreases in his or her assets that are the result of the following acts, executed during the period of the participation in the ganancias: 1) shall be added. Irrevocable donations that do not correspond to the provided fulfillment of moral or social uses, in consideration to the person of the donor. (2) Any kind of fraudulent or overlapping acts to the detriment of the other spouse. (3) Payment of lifetime income or other expenses to ensure a future income for the spouse who has incurred them. The provisions of this number shall not apply to the income for life agreed under the provisions of Decree Law No 3,500 of 1980, except for the voluntary additional contribution to the individual capitalisation account and the deposits in voluntary savings accounts which must be aggregated in an imaginary manner in accordance with the first subparagraph of this Article. The aggregations referred to will be carried out considering the state that the things had at the moment of their alienation. The provisions of this article do not govern if the act has been authorized by the other spouse. Article 16.-Within three months of the end of the arrangements for participation in the ganancias, each spouse shall be obliged to provide the other with an inventory of the goods and obligations which includes his final assets. The judge will be able to extend this term for once and even for the same term. The simple inventory, signed by the spouse, will test in favor of the other spouse to determine their final patrimony. However, the latter may object to the inventory, claiming that it is not reliable. In such a case, you may use all the means of proof to demonstrate the composition or the effective value of the other spouse's estate. Any spouse may request the inventory faction in accordance with the rules of the Civil Procedure Code and require the precautionary measures to be taken. Article 17.-The goods that make up the final asset are valued according to their state at the time of the termination of the property regime. The goods referred to in Article 15 shall be assessed according to the value they would have had at the end of the goods system. The assessment of the goods may be made by the spouses or by a third party appointed by them. On subsidy, by the judge. The above rules also apply to the valuation of liabilities. Article 18.-If any of the spouses, in order to reduce the income, hides or distracts goods or simulates obligations, the double value of those or those of them shall be added to their final patrimony. Article 19.-If the final property of a spouse is lower than the original, only the person shall bear the loss. If only one of the spouses has obtained ganancials, the other will participate in half of its value. If both spouses have obtained ganancials, they shall be compensated for up to (a) of the lowest value and the person who has obtained a minor gain shall be entitled to the other, by way of participation, to pay half of the surplus. The credit for participation in the ganancias shall be without prejudice to other claims and obligations between the spouses. 4. Credit for participation in ganancials. Article 20.-The credit for participation in the ganancias shall originate at the end of the property regime. Any convention or contract with respect to such credit, as well as his resignation, is prohibited before the end of the participation regime in the ganancias. Article 21.-The credit for participation in the ganancials is pure and simple and will be paid in money. However, if the foregoing causes serious harm to the debtor's spouse or to the common children, and this shall be duly proved, the judge may grant a period of up to one year for the payment of the claim, which shall be expressed in monthly tax units. This period shall not be granted if the debtor or a third party does not ensure that the creditor spouse is free of all modes. Article 22.-The spouses, or their heirs, may agree to pay in order to settle the credit for participation in the ganancias. The credit, in the terms of the first indent of the preceding article, if the given item is evict, unless the creditor spouse has taken over the risk of the eviction, specifying it. Article 23.-To determine the appropriations for participation in the ganancias, the privileges of rights on family property, made to one of the spouses in accordance with Article 147 of the Civil Code, shall be assessed prudentially. by the judge. Article 24. The creditor's spouse shall pursue the payment, first, in the debtor's money; if this is insufficient, he shall do so in the furniture and, in the case of a subsidy, in the buildings. In the absence or insufficiency of all the goods mentioned above, you may pursue your credit in the goods donated between the living, without your consent, or in fraud of your rights. If you pursue the goods donated between the living, you must proceed against the donors in a reverse order to the dates of the donations, that is, beginning with the most recent ones. This action will be prescribed in four years from the date of the act. Article 25.-Appropriations against a spouse, the cause of which is prior to the end of the property regime, shall be preferred to the credit for participation in the ganancias. Article 26.-The action to request the settlement of the ganancias shall be processed briefly and summarily, shall be prescribed within five years from the termination of the scheme and shall not be suspended between the spouses. All in all, he will suspend himself in favor of his minor heirs. 5. From the end of the regime of participation in the ganancials. Article 27.-The regime of participation in the ganancials ends: 1) For the death of one of the spouses. 2) By the presumption of death of one of the spouses, as prevented by Title II, "From the beginning and end of the existence of persons", from the First Book of the Civil Code. 3) By the declaration of nullity of the marriage. 4) For the sentence of perpetual divorce. 5) By the judgment declaring the separation of goods. 6) By the covenant of separation of goods. Chapter II Provisions several Articles 28.-Introduces the following amendments to the Civil Code: (1) Substitute the first paragraph of Article 84, as follows: " Article 84.-By virtue of the decree of provisional possession, the conjugal society or the regime of participation in the ganancials shall terminate, as it would have been with the The opening and publication of the will, if the missing will have left any, and the possession of the presumptive heirs will be given the provisional possession. "2) Introduces the following article 132:" Article 132.-The adultery is a serious infringement of the duty of fidelity imposed by marriage and gives rise to the sanctions which the Law provides. The married woman who lies with a male who is not her husband and the male who lies with a woman other than her spouse is committed adultery. "3) Replaces Article 134, by the following:" Article 134.-The husband and wife must provide for the needs of the (a) common family, having regard to their economic powers and to the arrangements of goods between them. The judge, if necessary, shall govern the contribution. "4) Intercalase in the second paragraph of Article 135 between the word" conjugal "and the comma (,) which follows, the phrase" or regime of participation in the ganancials ". (5) In the following Article 145, which has become 138, the following Article 138a: " Article 138a.-If the husband refuses unjustifiably to carry out an act or to conclude a contract in respect of a good of the woman, the judge, After the husband's summons, he will be able to authorize her to act for herself. In such a case, the woman shall only bind her own property and the assets of her reserved or special assets of Articles 150, 166 and 167, but shall not force the social or the husband's own property, but even the concurrency of the benefit the society or the husband would have reported the act. The same applies in order to appoint a party, to cause the partition and to participate in it in cases where the woman has a part in the inheritance. " 6) Change the numbering of Articles 145, 148 and 149, becoming Articles 138, 139 and 140, respectively, the old numbering of which must appear in brackets (). (7) Substitute Article 149, which has become Article 140, by the following: " Article 140 (149).-The rules of the preceding articles suffer exceptions or modifications for the following reasons: 1) The existence of family goods. 2) The exercise of women by a profession, industry, employment or trade. 3) The separation of goods. 4) The perpetual divorce. 5) The regime of participation in the ganancias. Of the first four, they deal with the following paragraphs; of the last, a special law. " 8) Amend the numbering of paragraphs 2, 3 and 4 of Title VI of the First Book, to be paragraphs 3, 4 and 5, respectively. 9. In the following paragraph 1 of Title VI of the First Book, the following new paragraph: " & 2. of family property Article 141.-The property of both spouses or of one of them, serving as the principal residence of the family, and the furniture that is the home, may be declared family property and shall be governed, then, by the rules of this paragraph, whatever the regime of the property of the marriage. The above statement will be made by the judge in brief and summary proceedings, with knowledge of cause and citation of the spouse. However, the only presentation of the demand will transform the good in question into a familiar one. In its first decision, the judge shall have the same circumstance as the margin of the corresponding registration. The Conservative will practice the subregistration with the only merit of the decree which, of its own motion, will notify the court. For the purposes set out in this Article, the spouses shall enjoy the privilege of poverty. The spouse who fraudulently makes the declaration referred to in this Article shall pay compensation for the damage caused. Article 142.-It shall not be possible to voluntarily dispose or tax, or promise to tax or to dispose of, the family property, but concurring the will of both spouses. The same shall apply to the conclusion of contracts which grant personal rights of use or enjoyment over a family good. The will of the non-owner spouse who does not intervene directly and expressly in the act may be recorded in writing, or by public deed if the act requires this solemnity. This will also be possible through a special mandate consisting of written or public deed, as the case may be. Article 143.-The non-owner spouse, whose will has not been expressed in accordance with the provisions of the previous article, may request the termination of the act. The acquirers of rights to a property which is familiar to the family shall be in bad faith for the purposes of the obligations of the property which the declaration of invalidity originates. Article 144.-In the cases of Article 142, the will of the spouse who is not the owner of a family good may be supplied by the judge in the event of an impossibility or refusal that does not function in the interest of the family. The judge will proceed with knowledge of the case, and with the summons of the spouse, in case of a refusal of the spouse. Article 145.-The spouses, by common agreement, may affect a family property. If the declaration relates to an immovable property, it shall be entered in public deed entered on the margin of the respective registration. The owner's spouse may ask the judge to disaffect a family good, founded on the fact that he is not currently destined for the purposes indicated in Article 141, which he must prove. In this case, the judge shall proceed in the manner laid down in the second indent of Article 141. The same rule applies if the marriage has been declared null or terminated by the death of one of the spouses. In such a case, the contractionary of the currently null marriage or the successors in title of the deceased must make the corresponding request. Article 146.-The provisions of this paragraph apply to the rights or actions that the spouses have in companies that own a property that is the principal residence of the family. The involvement of rights or actions will also require the will of both spouses to carry out any act as a partner or shareholder of the respective society, which is related to the family's good. The affectation of rights shall be made by declaration of any of the spouses contained in public deed. In the case of a company, it must be noted on the margin of the respective social registration, if any. In the case of limited liability companies, it shall be registered in the shareholders ' register. Article 147.-During the marriage or the dissolution, the judge may, prudentially, constitute in favor of the non-owner spouse, rights of usufruct, use or room on the family property. In the setting up of these rights and in the setting of the time limit for them, the judge shall take particular account of the interests of the children, where the children are, and the property of the spouses. The court may, in such cases, lay down other obligations or arrangements if it seems to be equitable. The judicial declaration referred to in the foregoing paragraph shall serve as a title for all legal purposes. The establishment of such rights on family property shall not prejudice the creditors that the owner's spouse had on the date of his or her constitution, nor shall he take advantage of the creditors that the non-owner spouse has at any time. Article 148-Reagreed spouses enjoy the benefit of excision. As a result, any of them may require that the credit in other assets of the debtor be pursued before proceeding against the family property. The provisions of Title XXXVI of the Fourth Bond Book shall apply to the exercise of the excision referred to in this Article, as appropriate. Each time that an executive action deducted by a third creditor provides for the seizure of a family property of the debtor's spouse, the judge shall have the right to notify the spouse of the spouse who is not owner. This notification shall not affect the rights and actions of the non-owner spouse on such goods. Article 149.-It is void any stipulation that contravenes the provisions of this paragraph. "10) In Article 155: a) Substitute the third indent by the following:" In the case of Article 21 of the Law of Civil Marriage, the woman may request the separation of goods after one year after the absence of the husband. The same shall be true if, without an absence, there is a separation in the case of spouses. '(b) Intercalase in its fourth indent, between the word' careless 'and the comma (,) following, the following sentence:' or there is imminent risk of this, '. 11) Article 158, by the following: " Article 158.-What in the previous articles of this paragraph is said of the husband or wife, applies interchangeably to the spouses in the regime of participation in the ganancials. Once the separation has been decreed, the division of the ganancias and the payment of rewards or the calculation of the credit for participation in the ganancials shall be carried out, according to the arrangements to which the term is terminated. " 12) Substitute the second indent of Article 228, by the following: "If there is a separation of goods or arrangements for participation in the gancials, both spouses shall contribute to such expenditure in proportion to their powers." (13) Amend Article 243 as follows: (a) Replace the N ° 3 °, by the following: " 3 ° The inheritances or legacies that have passed to the child due to incapacity or indignity of the father, or because it has been disinherited, in which case the usufruct shall be the mother's responsibility if married (b) Substitute the final indent, by the following: " Where the donor or testator has provided that the father does not have the usufruct of the child's property, that usufruct shall correspond to the mother if she is married on the basis of participation in the gancials or total separation of goods. " 14) Repeal Article 448, number 1. (15) Substitute Article 450, by the following: "Article 450.-No spouse may be the curator of the other declared sink." (16) First, in Article 497 (10), the sentence "that has been condemned or". (17) Substitute the final paragraph of Article 503, by the following: " This inability shall not, however, be governed by Article 135, in the case of conventional separation or in the event of the spouses ' participation in the (18) Substitute the number 5 ° of Article 514, by the following: " 5 °. The father or mother who is responsible for the day-to-day care of the household; '19) Replaces the word' woman 'in Article 1076 by the word' person '; (20) Replaces the second indent of Article 1176, by the following:' They shall therefore be charged to the marital portion all the assets of the surviving spouse, including his half of the income, if he does not give it up, or, if applicable, his credit for participation in the ganancials, and those who must be perceived as an heir to the succession of the (21) Add to Article 1180, the following third indent, new: " If there is a participation in the ganancias between the spouses, the quality of the creditor of ganancial with that of the successor in title of conjugal portion in the estate of the deceased will not be confused. " 22) Add to the end of article 1715, before the point apart (.), the following sentence: "or regime of participation in the ganancias". 23) Replace in the first paragraph of Article 1716, the phrase "the case of the covenant of total separation of goods", by the expression "the cases". 24. Amend Article 1719 as follows: (a) Substitute the second subparagraph, by the following: "This is without prejudice to the legal effects of the participation in the ganancias, the separation of goods and the divorce." (b) Add the following third indent: " (25) Replaces Article 1723, by the following: "Article 1723.-During marriage, the elderly spouses may replace the scheme of the age of the year of the year in which they are employed." the company of goods for the participation in the ganancias or for the total separation. The total separation of the system of participation in the ganancias may also be replaced. The agreement that the spouses conclude in accordance with this article shall be granted by public deed and shall not have any effect between the parties or with respect to third parties, but since such writing is subregistered in the margin of the respective registration. marriage. This sub-registration may only be carried out within 30 days of the date of writing. The agreement which it contains shall not prejudice, in any event, the rights validly acquired by third parties in respect of the husband or wife and, once concluded, shall not be left without effect by the mutual consent of the spouses. In the public deed of total separation or in which participation in the ganancials is agreed, as the case may be, the spouses may liquidate the spousal company or proceed to determine the credit for participation or to conclude other legal covenants, or One and the other thing; but all this will not produce any effect between the parties or with respect to third parties, but from the subregistration referred to in the previous paragraph. In the case of marriages concluded in foreign countries and not registered in Chile, it will be necessary to proceed prior to their registration in the Register of the First Section of the Commune of Santiago, for which the civil officer will be shown which corresponds to the duly legalized marriage certificate. The covenants referred to in this Article and the second paragraph of Article 1715 are not subject to any conditions, time or any. ' 26) Replace the final paragraph of Article 1754, by the following: " The woman, for her part, may not dispose of or (a) to tax or to lease or to cede the holding of the property of his or her property which the husband administers, but in the cases of Articles 138 and 138a. ' (27) Replace Article 1764 (5), by the following: " 5 ° By the participation pact in ganancials or in the total separation of goods, according to the respective law and Article 1723. " (28) Replace the number 3 of Article 2481, by the following: "3 ° For married women, for the property of their property which is administered by the husband, on the property of the husband or, where appropriate, the property of the spouses for ganancials." 29) Replace in the first paragraph of Article 2483, the initial sentence "The preferences of numbers 3 °, 4 °, 5 ° and 6 °," by "The preference of the number 3 °, in the case of having conjugal society, and that of the numbers 4 °, 5 ° and 6 °,". 30. Replaced in Article 2485, the words "of the husband" by "of one of the spouses". Article 29.-Enter the following amendments to the Civil Marriage Act: 1) Replace Article 7 °, by the following: " Article 7 °.-It shall not be possible for marriage to have committed adultery with its participation in that infringement, during the five-year period from the judgment in which it is established. ' 2) Add in article 10, the following point first, passing the current one to be second indent: " Article 10.-In the event of the manifestation of the marriage, the official of the Civil Registry shall give to the future contrayents verbal information or written in respect of the different property regimes of marriage. Their infringement shall not cause the marriage or the assets to be nullity, without prejudice to the sanction of the Civil Registry Officer in accordance with the Administrative Staff Regulations. ' 3) Replace the fourth, fifth and sixth grounds of Article 21, by the following: " 4a. Attempt by one of the spouses to prostitute the other; 5a. The greed of any one of the spouses, if it comes to deprive the other of what is necessary for life, attended to his faculties; 6a. To refuse any of the spouses, without legal cause, to live in the common home. " 4) Defeat the causal dec Article 21 (1). Article 30.-Enter the following amendments to the Civil Registry Law: 1) Amend Article 38 as follows: (a) Substitute the second subparagraph by the following: "They may also agree to the separation of goods or participation in the ganancias." (b) Add the following third indent: " The Civil Registry Officer shall also express to the contrayants, that may conclude the covenants referred to in the preceding paragraph and if they do not do so or they do not, they shall be construed as being married under the rule of spousal society. ' 2) Replace Article 39, number 11, by the following: " 11. Evidence of having agreed to the separation of property or participation in the ganancias, when the contrayents have agreed upon them in the act of marriage. " Article 31.-Derogase the third indent of Article 2 ° of Law No 7,613, which lays down provisions on adoption. Article 32.-Eliminate in the second indent of Article 5 ° of Law 18,703, which dictates rules on the adoption of minors, prayer "the incapacity for the absence of the free disposition of his goods shall not govern the married woman." Article 33.-Substitute the first paragraph of Article 19 of Law No 14,908 on the Abandonment of Family and Payment of Food Pensions, as follows: " Article 19.-Any spouse may request the separation of goods if the other, (a) the payment of a maintenance allowance, in his or her favour or in that of his/her common children, has been twice as specified in the form referred to in the first paragraph of Article 15. '; Article 34.-Articles 375 to 381 of the Criminal Code. Article 35.-The following amendments to the Code of Criminal Procedure: 1) Substitute, in Article 17 (1), the sentence "or for the offences of adultery, amancebening or bigamy" for the sentence "or for the offence of bigamy". (2) Subprime to Article 18 (4) and (5). Article 36.-All legal precepts which are contrary to or are irreconcilable with the rules of this law shall be deleted. The non-repealed provisions shall be interpreted in accordance with the principles governing the arrangements for participation in the ganancias, where such arrangements exist between the spouses. Article 37. This law shall enter into force, with the exception of the provisions of Article 28 (8) and (9), after three months after its publication in the Official Journal. Article 38-Facultate the President of the Republic, for a period of one year, to fix the consolidated, coordinated and systematized text of the Civil Code and the supplementary laws, for which it may incorporate the modifications and derogations of they have been the subject of the legal provisions which have interpreted them; to bring together in the same text provisions directly and substantially related to each other; to introduce formal changes, whether in terms of wording; to maintain the logical and grammatical correlation of phrases, to titling, to location of This is the case for a number of different types of action, but only to the extent that they are indispensable for their coordination and systematization. The exercise of these powers shall not, in any event, be subject to the alteration of the true meaning and scope of the legal provisions in force. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 12 September 1994.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice.-Paulina Veloso Valenzuela, Minister Director of the National Service of the Subrogante. What I transcribe to Ud., for his knowledge.-Salutes intently to Ud., Eduardo Jara Miranda, Assistant Secretary of Justice.