La prenda especial de derechos de aguas: antecedentes sobre derechos de aguas y contratos de garantia en perspectiva historica (1855- 1981)

Abstract

From a historical perspective, this article analyzes the background behind the creation of the first special chattel mortgage without conveyance in the Chilean law: the water irrigators’ chattel in the 1908 Act N° 2.139. Also, both the amendment to this chattel carried out by the 1951 CACh — which limited its origin based on the irrigation system— and the 1967-1969 CACh revocation —which annulled it due to its inconsistency with the agrarian reform process— are analyzed. Moreover, this study presents a background to said chattel in the historical period previous to 1908, which helps hypothesize on the existence of a chattel in water irrigators’ ordinary law based on the Civil Code.