The reasons why Andrés Bello derogated the institution of Restitutio in Integrum, derived from derecho indiano, from chilean legislation

Abstract

The object of the present paper is to explain the fundamental reasons on which Andres Bello based his decision to exclude and derogate the legal institution of restitutio in integrum, derived ultimately from the Derecho Indiano (Spanish colonial law on the status of Indians), when drafting the Chilean Civil Code of 1857. It will also analyze the meaning and implications of the “Law on retroactive effect”, enacted in 1861. In what seems a contradiction, Article 11 of this law makes explicit reference to the restitutio in integrum, prohibiting its exercise only four years after it had already been derogated by the Civil Code.