La teoría de la inexistencia y su falta de cabida en el código civil Chileno

Abstract

This paper presents a historical synthesis of the so-called theory of the juridical inexistence and offers a refutation of its principal arguments. From a dogmatic historical analysis, the work seeks to demonstrate that, at least in the terms accepted by the Chilean authors, the inexistence as a legal causal of ineffectiveness was deliberately excluded by A. Bello, who instituted the absolute nullity as maximum causal of ineffectiveness and made an innovation introducing a period of validation, which rather is a time limit for the absolute nullity's action.