The words to transfer and to transmitt and its derivated in the chilean civil code with special reference to the definition of traslaticius title of property

Abstract

This paper criticizes Claro Solar’s opinion on the expressions "transfer" and "transmit" in the Civil Code which gene-rally lie about the transfers among the living and upon death, since the analysis of such expressions in the law does not corroborate that opinion. In light of this, this paper presents a look at Art. 703, subsection 3d CC, where the definition of deed of conveyance can be found, as such suitable for being assigned, which is usually understood as excluding the succession upon death (inheritances and legacies) of the concept of such a deed, because it does not constitute a transfer, but a transmission; moreover, a reinterpretation of it is suggested in that the words "transfer it," used in the definition, also includes the succession.