El concepto de persona en el Código Civil: criterios, fundamentos y consecuencias normativas

Abstract

During the last decades, civil dogmatic has dealt more intensely with the concept of a person. The constitutionalisation of civil law and the emergence of bioethical problems have triggered an increasing attention to it. The Chilean Civil Code contains a discrete set of rules which establishes the requirements for being considered a person. However, both the extension of this configuration and the use of the concept in different contexts are contested. Due to this fact, the question about the general sense of this legal configuration is extremely relevant. The paper provides an outlook on the debate about the concept of a person in the Chilean dogmatic and suggests that the distinction among criteria, grounds and normative consequences is useful for a clearer analysis.