Chilean Constitutional Court’s case law analysis on inapplicability requirements regarding article 1891 of the Civil Code and articles 499 and 500 of the Civil Procedure Code

Abstract

This paper analyses the Chilean Constitutional Court’s case law regarding the constitutionality of article 1891 of the Civil Code and articles 499 and 500 of the Civil Procedure Code, in relation with a series of requests for the inapplicability of such rules due to their alleged unconstitutionality, in the context of individual or universal enforcement proceedings, as well as in claims for gross disparity. According to the analysis provided, there is a dominant and sustained line of constitutional case law which states that the right for the protection of credit prevails over the minority interpretation, which promotes an exaggeration of the debtor’s guarantees in the enforceability of obligations.