The legal system of Chile
A strongly unitary civil-law system built on Andrés Bello's Civil Code of 1855, one of the most influential codes ever drafted in the Americas and still in force with amendments. Chile remains governed by the 1980 Constitution: two attempts to replace it, in 2022 and 2023, were both rejected by referendum, so the text survives with the extensive 2005 reforms that removed appointed senators and restored civilian control of the armed forces.
Legal tradition
Chile belongs to the civil law tradition. A strongly unitary civil-law system built on Andrés Bello's Civil Code of 1855, one of the most influential codes ever drafted in the Americas and still in force with amendments. Chile remains governed by the 1980 Constitution: two attempts to replace it, in 2022 and 2023, were both rejected by referendum, so the text survives with the extensive 2005 reforms that removed appointed senators and restored civilian control of the armed forces.
How power is divided
Unitary. Sixteen regions administer but do not legislate. Regional governors have been directly elected since 2021, which shifted real power away from the centrally appointed delegates, but legislative competence remains exclusively national.
Where law comes from
- Constitution
- Supreme; interpreted authoritatively by the Constitutional Tribunal.
- Leyes and decretos con fuerza de ley
- Organic constitutional laws require elevated majorities.
- Codes
- Civil Code (1855), Penal Code, Labour Code, Code of Criminal Procedure (2000).
- Case law
- Not binding; the Supreme Court unifies interpretation through cassation.
The legal profession
A five-year degree, a supervised practice period, and admission by the Supreme Court itself, which is unusual — the Court, not a bar, confers the title of abogado. Membership of the Colegio de Abogados has been voluntary since 1981, so the Court retains disciplinary jurisdiction over misconduct.
Law by topic in Chile
- Immigration & NationalityLey 21.325 of 2021 rebuilt the migration frameworkLey 21.325, in force since 2022, replaced the 1975 decree-law and created the Servicio Nacional de Migraciones. It restructured permit categories, requires most applicants to obtain the appropriate visa before entry rather than changing status from tourist, and establishes a National Migration Policy set by the executive. Permanent residence and then naturalisation follow defined periods of lawful stay.
- Tax LawSII administers 27 percent corporate tax and 19 percent VATThe Servicio de Impuestos Internos administers the tax system. First-category corporate tax is 27 percent under the semi-integrated regime, with a reduced 25 percent rate for qualifying small and medium enterprises under the Pro Pyme regime. VAT (IVA) is 19 percent on goods and services. Resident individuals pay progressive global complementary tax.
- Business & CorporateSame-day company formation through the Empresa en un Día regimeLey 20.659 created the Registro de Empresas y Sociedades, allowing most companies to be incorporated electronically in a single day at no cost using standard forms. The sociedad por acciones (SpA) is the preferred flexible vehicle and permits a single shareholder. Companies must obtain a RUT from the Servicio de Impuestos Internos and file a start-of-activities declaration.
- Civil ProcedureWritten civil procedure pending reform, with oral family and labour courtsOrdinary civil litigation still follows the 1903 Código de Procedimiento Civil, a written and largely document-based process, and a long-discussed replacement has not been enacted. By contrast, family, labour and criminal procedure were reformed to oral hearings. The recurso de protección offers a fast constitutional route where a listed right is affected.
- Criminal LawFully adversarial procedure since the 2000-2005 reformChile completed one of the region's most thorough criminal-procedure reforms, replacing written inquisitorial process with oral adversarial trials through the Código Procesal Penal, rolled out regionally between 2000 and 2005. The Ministerio Público investigates, guarantee judges supervise pre-trial rights, and oral trial courts decide. A public defender service was created alongside.
- Constitutional Law1980 Constitution retained after two rejected replacement draftsChile remains governed by the 1980 Constitution, heavily amended in 1989 and 2005 and further reformed since. Two attempts to replace it wholesale were rejected by referendum, in September 2022 and December 2023, so the existing text continues in force. The Tribunal Constitucional reviews the constitutionality of legislation, and the recurso de protección gives fast judicial protection of listed fundamental rights.
- Property & LandConservador de Bienes Raíces registration completes the transferTransfer of real property requires a notarial deed followed by inscription in the Conservador de Bienes Raíces for the commune where the property lies. Inscription is the tradición that actually transfers ownership under the Código Civil, so an unregistered buyer holds only a contractual claim. Title is traced through the registry's chain of inscriptions.
- Family LawEqual marriage since 2022 after the 2015 civil unionLey 21.400 opened marriage to same-sex couples from March 2022, building on the acuerdo de unión civil created by Ley 20.830 in 2015. Divorce has been available only since Ley 19.947 of 2004, which introduced it along with dedicated family courts. Divorce by mutual consent requires one year of separation; unilateral divorce requires three.
- Employment & LabourCódigo del Trabajo with a 40-hour week phasing inThe Código del Trabajo regulates employment. Ley 21.561 of 2023 reduces the ordinary working week from 45 to 40 hours in stages through 2028. Dismissal requires a statutory ground; where it relies on business necessity the employee receives one month per year of service capped at 11 years, plus notice. The Dirección del Trabajo enforces compliance administratively.
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