Historical reception of the classic expropriation model in the Chilean system and its validity under the 1980 Constitution. Tensions regarding its intended conceptual expansion

Abstract

This paper argues that the recognition of the institution of expropriation in the early Chilean constitutional texts reflects its classical conception, under the formula of forced alienation of property, which was part of the Spanish system in the late 18th and early 19th centuries, with origins in the medieval ius commune. This same notion persists under the 1980 Constitution, as well as in the provisions of Decree Law No. 2186 of 1978. This leads to the assertion that, throughout its constitutional evolution, the concept of expropriation in Chile has not experienced an expansion of its conceptual boundaries, as has occurred in other legal systems and international instruments. This causes tensions and problems when attempting to apply foreign doctrinal constructions or those provided in international instruments, especially in the field of investment protection.