Chile - The Civil Code - Equality Now
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Chile - The Civil Code

Article 1749 of Chile’s Civil Code establishes the legal presumption that husbands head the household and control marital property, as well as property owned by their wives.

  • Country: Chile
  • Law status: Discriminatory law in force
  • Law Type: Inheritance and Property
Article 1749 of Chile’s Civil Code establishes the legal presumption that husbands head the household and control marital property, as well as property owned by their wives.

Article 1749. The marital partnership is to be headed by the husband, who shall administer the spouses’ joint property as well as the property owned by his wife, subject to the obligations and limitations set forth in this Section and those agreed to at the time of marriage . . .

Link to full law

Note:

Article 19(2) of the Constitution of Chile: . . . Men and women are equal before the law.

Sex discrimination in economic status laws restricts women from being economically independent, limiting access to inheritance and property ownership as well as to employment opportunities, thereby reinforcing gender stereotypes and roles.

Laws which restrict a married woman’s right to administer her own property prevent married women from being economically independent, and make them more vulnerable to exploitation. 

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