EL CARáCTER EXTRAPATRIMONIAL DE LA COMPENSACIóN ECONóMICA

this article shows that "economic compensation" ought to be understood as a family law institution. "economic compensation" is a non-patrimonial right that arises from a marriage annulment or divorce, so it is essentially a postnuptial right. an indemnifying role of "economic compensation" does not preclude an assisting role also, which is, in some cases, both complimentary and exclusive to determine its " quantum ". the basis for this compensation lays not only on the legal principle that affords protection to a weaker spouse, but first and foremost, in the protection of the family, which is an institution guaranteed by the constitution in the chilean legal system.