Abstract

Although other people's assets cannot be part of the bankruptcy estate, there has been a tendency to solely redirect this issue to the exercise of the actio reivindicatoria. It is argued that this is a wrong interpretation of the law, or at least a partial one, where the claim is better resolved by a declaratory action, parallel to a third-party ownership claim, based on Article 2466 of the Chilean Civil Code. A study of the evolution of the applica-ble rules reveals that, beyond the revindication model historically provided in the Chilean insolvency law, said Article contains the separatio ex iure domini, detaching from the criti-cized construction of the domain creditor provided by the Spanish tradition, functioning as a right of the owner to have an asset recognized as his or her own, and therefore to be liberated of the effects of the attachment, without necessarily demanding its restitution.