The system of real actions, special part: the action of precario

Abstract

This essay belongs to a broader research project aimed at the reconstruction of the system of actiones in rem in the Chilean Civil Code. This article deals with the precario action. This action, or so it is alleged, is not part of the original, Civil Code system of actiones in rem but it has been incorporated into that system to fill a notorious gap cause by the Civil Code’s system of registered possession. The transformation of the precario action into a real action, however, must subject it to the conditions of actiones in rem. This article attempts to identify those conditions and then to apply them to the precario action. In doing so, traditional issues concerning this action are discussed.