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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

MONTECINOS-OHLAGARAY, Rodolfo. The right to contract marriage for foreigners (Supreme Court, april 18th, 2018, rol nº 6111-2018). Estudios constitucionales [online]. 2019, vol.17, n.1, pp.443-458. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002019000100443.

This work analyses a sentence of the Supreme Court of Chile that tacitly abolished the art. 74 of the D.L. Nº 1.094, 1975 provided that in his opinion, the content of the rule was not compatible to the Constitution, that treat some rights that have been conceived for his human nature. According to the Court, the pre-constitutional precept lost validity and, in consequence, in use of his jurisdictional authority, estimated not to apply in this particular case.

This case is important for a relevant discussion, because recognize the attribution and exercise of their human rights for nationals and foreign, in particular for this last according to its migratory situation that keep in the chilean State. This work is trying for establish the juridical status of the foreign person who pretends the gratitude, in the exercise of his rights which has been given by his human nature, in presence of the State.

Keywords : Legal residence; juridical equality; Supreme Court.

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