10.1
Act floors.
Despite the strong French influence in our code, our legislature did not address the legal regime of joint ownership.
The urban phenomenon as an explanation for the existence of the institution seems to be a factor not considered by Bello by failing to specifically regulate the matter. Prior to this law
considered the possibility of division by floors made based on legislation rather than treating a specific standard.
is with the Faculty of Law and Social Sciences at the University of Chile who is entrusted with the study of a bill establishing a commission which is chaired by Professor Don Arturo Alessandri Rodríguez, then dean of the faculty of law.
Finally, on July 31, 1937, sent the bill approved by Congress to the President of the Republic, to be published in the Official Gazette of 16 August 1937, under number 6071.
The sources of these laws, we can find. 1924 Belgian law, the Italian of 1,934, the project of the French Society of Legislative Studies and Cambrón Julliot Works, as well as Italian lawyers Visco and Peretti-Griva, interesting contribution was the memory of Don Sergio Undurraga Ossa Test Law student, University of Chile and also the project designed by Mario Silva Bascuñan. 10.2
Condominium Property Act No. 19,537.
This rule is issued on December 16, 1997. Omissions has come to save the old standard and aims to upgrade the system to changing times and the projection of Chilean society, "special regime governing real estate with the aim of establishing property comprising condominiums divided into units on which exclusive domain may be for different owners, while keeping one or more goods in the common domain of all ", as set out in Article 1 of the law of real estate ownership.
The president's message to the camera Members of the main goals of the rule, which are oriented to the new realities, responding to the call dialogical aspect of the statute, also seeks to facilitate investment in new investment projects, harmonize urban growth to new schedules and certainly the most striking aspect is the establishment of the idea of \u200b\u200bself, a manifestation of the principle of autonomy.
is currently the law governing the matter under review and will be discussed later in detail.
11. Rights within the joint ownership.
Within the institution of ownership are varied, we find rights regarding the enforceability or performance organ within the condominium, a labor rights relating these to the personnel providing services to the community, but within the characteristics of this institution is that of being a special property right of exclusive and unique nature while This last characteristic is that discussed below. 11.1
Rights on the unit.
unit, or even share, the portion is called a fixed or determinable ideal and that each community has on the commonplace. Indicates the proportion in which the commoners have to enjoy the benefits of the thing, is the factor used to calculate their share loads that will be their own. It is also the thing about which we have exclusive domain, allowing the owner to exercise all the powers of the real right to own, use, hold and dispose. In practice consists of the same dwelling unit, apartment, house, warehouse or parking lots. This refers to the exclusive sovereignty of each owner on your machine, on which is the absolute master, the percentage amount of this unit compared to the total community compared to determine their percentage share ownership held about the commons, belonging to the entire community.
addition to the rights enshrined in law and civil law regarding property rights, The owner is also protected by the constitutional protection, since Article 19 º N º 24 of our charter as a fundamental guarantee protects.
In short, notwithstanding referred to Chapter IV of this report, can alienate, encumber or mortgage, will operate in respect of the property he owns, the succession because of death, probate can also avail of it, which matters also have rights over common property, while as an accessory, follow the fate of the principal.
11.2 Right on the commons.
As overtook pages earlier, sobre los bienes comunes existe un derecho de copropiedad de todos y cada uno de los distintos copropietarios participes del condominio, es un derecho cuotativo y esta cuota se determina en relación al avalúo fiscal de la unidad, esto generará la alícuota.
No existe facultad de disposición de un copropietario por sí solo, las cosas o bienes comunes pueden enajenarse previo acuerdo unánime de los comuneros, la facultad de disposición de un copropietario respecto de su unidad obliga a que su derecho cuotativo siga al nuevo propietario en caso de enajenación, pero jamás podrá un copropietario enajenar una cosa común por sí solo.
Cada copropietario tiene derechos de la misma naturaleza sobre los bienes common, reflected in its ideal percentage share of total condominium rights.
11.3 .- Rights of Third Parties.
In this situation are essentially mere holders, such as tenants, who have all the rights in that capacity conferred upon them by the convention or the law and grant holders any. As for his possible involvement in condominium law states that to participate in the organs or activities within the community must act empowered by a delegation from the owner. Regarding the participation of co-owners' assemblies a special case, as our legislature interprets the silence of the party, in the sense that if nothing is said about the tenant to attend, means entitled to participate. Moreover
a mere holder of the unit, often a tenant, occupies only in that capacity, limited to the rights conferred upon it, which will normally only those who are allowed by a lease governed by the contract and the special law on the subject, the number 18,101, consequentially, the possibility of acquiring prescription will be closed, both with regard to unity and the common thing, last question is not applicable as concluded in previous chapters. In relation to holders of units ExCLUSIVE domain, they may get acquired by prescription, whether ordinary or extraordinary, which take consequential and not directly rule on the percentage and shared common property, which will have the quality of attachment to the single on the unit.
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