Abstract

VARGAS MORALES, Ricardo. The Best interest of the Child: A Review of its origin, Evolution, and Current Interpretative Tendencies in Chile. Opin. jurid. [online]. 2020, vol.19, n.39, pp.289-309. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n39a12.

This article contains a description and a review of the documentary character of the international normative origin of the best interest of the child principle and its legislative reception in the Chilean legal system. Furthermore, this study offers an analysis of the jurisprudential treatment of the said principle, and a review of the main foreign doctrinaire interpretative tendencies on the said undetermined clause, describing the diverse criteria of objectivity or rationality as a way of overcoming the determination that it might cause. Thus, the study observes a treatment that lacks uniformity in the courts that are well known on these matters, which is a situation raised by interpretative problems.

Keywords : family law; guiding principles; best interest of the child; girl and adolescence; undetermined legal concept.

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