IN SEARCH OF A LEGAL STATUS APPLICABLE TO THE ADMINISTRATION OF UNDIVIDED PROPERTY

Abstract

The common Chilean legislation on community, he does not contemplate a form of general administration of the undivided goods.The present article, it exposes the principal theories that try to give solution to the raised question, between which we think to the thesis that it grants primacy to him to the right of veto, the theory of the tacit and reciprocal mandate, the thesis of the juridical appearance, the theory of the semiof-fic ial agency, the criterion of majority and the thesis according to which a commoner can act without the assent of the others, when this one is the only way of preserving or protecting his right.Finally, allusion is done to the institution of the conserving measures.