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Day Due Diligence Service


Due Diligence Service Companies, societies and companies with separate and distinct legal personality, must be up to date with its formal and material obligations, both legal and tax, labor and accounting. It is vital to have proper advice from the beginning, and delegate in the hands of management specialists, administrative, fiscal, labor and business legal.
procedures due diligence (due diligence) consist of conducting a rigorous and comprehensive review of compliance with these obligations by the Business Corporations or Companies, allowing the correction of defects or deficiencies noted in that review, allowing sanearla and put "current" in fulfilling those obligations.
These procedures are common in the procedures for acquisitions, mergers, etc ... where the acquirer intends to ensure its acquisition by conducting a comprehensive review of assets company, the existence of debts (vgr., Social Security, Treasury, etc ...), absence of hidden liabilities, loans, etc ... in short, as close as possible to the reality of product you intend to purchase.
But Due Diligence operations are not exclusive only to those operations. It is important to verify compliance with the obligations relating to the business, basically, to establish credit and build trust against third parties (inter-firm collaboration agreements, joint ventures, participation in society with an identical or similar, with government contracts public ...). This without prejudice, of course, the administrative sanctions that may be imposed by the Administration concerned.
It is also relevant to prove the proper performance of the obligations of corporate insolvency cases, where there are parts of qualifying for damages against the directors of the Company, and could result in liability to them for the failure in fulfilling the obligations regarding the company.
In short, if you manage a company, or are interested in purchasing or dispose (in whole or in part) a corporation, or are interested in lead bidder in a tender, or just want to verify compliance with the obligations regarding your company, you need a process of due diligence.

The 4 basic questions

An effi cient due diligence requires answering four basic questions: What are we actually buying? What is the single value of the target company? Where are the synergies, and where no skeletons hidden? And what is our retirement money? Each of these questions arouses a deeper level of inquiry than the last, putting under the microscope broader strategic logic of an acquisition. Successful acquirers attach great importance to the results of such research and analysis, to the point of being prepared to say no to an agreement, even in the fi nal phase of the negotiations.

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Your PIME need a lawyer ..... So, have a solid foundation to jump-start your business. LEGAL INFORMATION

All SME knows that an accountant or financial partner will be key figures in the development of your business. What about lawyers? This professional will also fulfill an important role in the evolution of the company, but to establish its participation, the employer must be clear in what situations you will need.

Having a lawyer to form a society is necessary, there may be the case that the notary requested that the minutes of writing are written by these professionals:

1 .- One of the main functions that will meet the lawyer in business development will be to advise the employer in many areas. For example, they may recommend that type of society is desirable to establish, given their personal characteristics.

2 .- Once the company is organized, will require a series of proceedings before the Internal Revenue Service, such as obtaining rut, stamping of documents, etc .- and even the health authorities. Depending on the line of business, the formalities involved are many and diverse, so are advised.

3 .- In addition, lawyer may be charged with drafting the contracts of its workers, suppliers and customers, depending on the company, as well as business rules.

Once you make these arrangements and was advised, so it has solid foundations to jump-start your business, you can have a more sporadic contact with the lawyer and only when he tries to make changes to its business, include a new partner, or when faced with a conflict.

Regarding the latter, advises against a potential conflict, the first thing employers should do is contact a lawyer, and not wait until demand that reaches his desk. Depending on the type of business and size, some employers prefer to have more regular contact with his counsel and advice, not just hire for specific situations, this is a good model to adopt when the employer has basic query and most of the time need a professional at your disposal. In addition, so your lawyer can keep you informed of the legal changes that may affect your company, as changes in environmental or social policy.

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LEGAL VOCABULARY

A

compensation agreements: an alternative outlet that terminates the process by agreement between the victim and defendant in a damage repair for minor offenses involving patrimonial assets. Should be approved by the supervising judge.

Indictment: the exercise of penal action normally Fiscal Public Ministry, which begins where the oral trial judge the fact and the subject's participation.

Treachery: acting obscuring anything is looking for, crime, hiding the true intentions or objects that will use to implement the offense.

illegality: quality of the typical behavior that contradicts the rule, affecting what is protected. Imports a negative value judgments injure or endanger the situation norma.Audiencia supervised by the Detention Control: Hearing that is performed when a guy stops to determine its legality. Preparation

Hearing Oral Judgement: public hearing whose principal purpose is to discuss the evidence presented at trial.

Auto

opening of the trial: Judge's decision Guarantee conclusion of the hearing of oral trial preparation and begins the stage of trial.

Author: subject performs the behavior described in the law (type), who is guilty if she also be blamed.

Adult: a person who has ceased to be prepubescent.

Guarantee: A contract of guarantee whereby a third party undertakes to pay a bill of exchange or promissory note if the principal does not. By extension called guarantee to anyone who provides a personal guarantee for an obligation outside (although strictly speaking must be named surety).

B

criminal legal Well, a situation that welcomes and is protected by criminal law, like life in the standard which punishes murder. Well

familiar in any economic regime of marriage, family may be affected as well the property that serves as the principal residence of the family and furniture that adorn, as well as company shares or rights in such property owners. Po rule must be judicial involvement. Well as affected the family, the owner spouse can not alienate without the consent of the other spouse. In addition, non-owner spouse may request it to constitute beneficial interest in them during the time set by the judge. Creditors can only repossess the family property if no other property in the estate of the debtor spouse.

Good faith is the awareness of working correctly, without fraud or other defect. The Beuna faith is presumed. The contracts require the contractors acting in good faith. Benefit

inventory: how to accept the inheritance by the heir only answer for the debts of the deceased until the value of goods received, according to a formal inventory of them.

C

accomplice, subject to working with the author, providing means, provided there is no prior agreement must be considered as autor.Consumación: performance conduct comprehensive describing the legislature (type). Crime: more serious crime, it has assigned the highest penalty (for 5 years and 1 day of deprivation of liberty). Culpa or recklessness: conduct of a person in breach of duty of care. Implies a duty to know what you're doing and its consequences or duty to act within certain parameters or cuidado.Culpabilidad requirement: it is the subject of reproach for having thwarted the law, a typical behavior and unlawful (unfair). Clause criminal: it is a covenant by which a person, usually a part of a contract, agrees to pay a fine (money or other things) for failure to comply with the obligation agreed. If it is a day of delay in meeting is called economic moratoria.Compensación penalty clause: it is a benefit that the Civil Marriage Act provides, in case of nullity of marriage or divorce, the spouse who suffers an economic loss to have been dedicated to childcare or common home and did not perform gainful employment or gainful or not it could have and wanted. The law also considers other factors in the origin and amount of compensation, such as age, length of marriage, health, the state pension, the support that one spouse made to other professional qualifications, and others. Failing agreement, the judge decides family in the ruling that declared invalid or divorcio.Contrato: agreement between two or more parties by which one agrees to with another or all mutually undertake. Examples of contracts on the sale, donation, partnership, agency, leasing, mutual bailment.

D

Crime: severe behavior described by the legislature, its implementation has resulted in a penalty and / or security measure. Represents a typical behavior, unlawful and culpable. Crime

frustrated: Implementation of all behavior without reaching to complete the result required by law (type).

Report: communication that can make any person of a fact which constitutes a crime appears to be the Public Prosecutor, Police, Investigations, or in any court having criminal jurisdiction. Public Criminal Defender

: lawyer to defend an accused in the case of lacking one.

Public Defender: decentralized public agency under the Ministry of Justice and whose function is to defend the subject accused of a crime when it is not any.

Dolo: supposed to know which is being made and get it, understand the behavior described by the legislature (type) and do it.

damages: damages is called the actual loss suffered in the estate of a person by a wrongful act or breach of an obligation. Debt

solidarity: is the obligation of several people, in which each could be forced to pay in full to the creditor, subject to later seek reimbursement of its share to the other co-debtors.

Dolo: is defined as the positive intention to infer injury to property or person of another (art. 44 of the Civil Code), in which injury definition is synonymous with injustice or act contrary to law. At the bottom of the fraud is the consciousness of doing something illegal and causing damage to the social interest or the rights of another. When it comes to a contract, the purpose is called fraud deceive the other contracting party.

E

Concealer: subject involved after the commission of a crime, hiding the perpetrators, the instruments of crime, or taking advantage of what you get with the crime

F

Missing: less serious crime, usually punishable by fines and, occasionally, by imprisonment (imprisonment not exceeding 60 days).

Prosecutor: Attorney Public Ministry official in charge of conducting the investigation of a criminal act and institute criminal proceedings in question. Formalizing

Research: hearing at which the prosecutor informs the accused, the Judge of Guarantee, the fact of an investigation directed against him by one or more specific offenses.

Deposit: is a contract whereby a person agrees to pay a debt of another, if the primary borrower does not, without prejudice to the right to claim the amount paid to the defaulting party.

G H

Homicide: the deprivation of life a person caused by another person or persons.

Murder: deprivation of the life of a person with certain circumstances that make it more serious, such as premeditation, treachery or reward.

Crown: is the person who is known to happen in the estate of a deceased, whether in whole or in a share of the estate.

intestate inheritance: the inheritance, a lack of will, must be distributed according to the heirs named by law.

Mortgage is a right granted to a creditor of an obligation to ensure that in case of default by the debtor, pay with a property that is designated in the mortgage contract. In case of default, the creditor can not seize the mortgaged property but must ask the judge to order his public auction.

Heir: A person called to succeed to the estate of a deceased, whether in whole or in a share of the estate.

intestate inheritance: the inheritance, a lack of will, to be distributed among the heirs called to succeed the deceased by law.

I

Charged: subject attributed to participation in an event that appears to meet the elements of a crime.

Unfair penalty: typical and unlawful behavior (behavior that meets the description of the law and that injures or endangers the protected status.)

Research: the first stage of criminal proceedings in the events under investigation that may constitute a crime and the participation of a subject.

prepubescent It's called the male prepubescent under 14 and women under 12 years.

Infant and child: a person who has not reached 7 years. Inventory

solemn is the one done by court order, subpoena of all stakeholders in the heritage and notarized or other minister of faith, to make sure the kind of goods that includes the deceased's estate. Usually done while the property valuation. This inventory was formalized by a notary to have advertising. J

Guarantee Judge: Judge proprietorship which is primarily responsible for ensuring the protection of rights and guarantees of the accused during the trial and the legality of the investigation prosecutors.

Oral Judgement: second stage of criminal proceedings, after investigation, where known facts, evidence and decides on the existence of the crime and the participation of the individual defendant.

K L

legatee: the person to whom the deceased is left by will a specific item or amount of a certain kind of things (for example, a sum of money).

of profits, the deprivation is likely to gain a person would have earned if he could perform the activity he could do because of the wrongful act or breach of an obligation.

M

Security Feature: penal consequences for the realization of an offense that takes into account the danger of the agent, the commission of future crimes, such as inpatient rehabilitation. Looking for social security and can be imposed also subject not guilty. Attorney General: Public organization, autonomous and hierarchical whose function is to conduct research exclusively acts constituting a crime, and where appropriate, institute criminal proceedings in question.

Marriage is a solemn contract by which a man and a woman come together and indissolubly current and lifetime to live together, procreate and auxiliary each other (art. 102 Civil Code). Marriage is the mainstay of the family (art. 1 of the Civil Marriage Act). Minor

adult: a person who is an adult (no longer pre-pubescent) but is still less than 18 years.

Minor: a person who has not attained eighteen years.

Mora: the debtor's delay in fulfilling the obligation. If you have not set a deadline for compliance and is not an obligation not to do, it takes legal action to which the debtor is in default. Only from the arrears are due compensation. Half

legitimize

: The portion of assets that the testator must necessarily leave certain forced legatees (heirs), who are the spouse, descendants and ascendants. Contributing thereto under the rules of intestate inheritance.

N

Novation: a contract whereby the parties an obligation extinguished and replaced by another nueva.Nulidad: the penalty prescribed by law for acts that do not meet the requirements prescribed for the validity of such acts , in consideration of the nature of the act or quality of people.

Ñ O P

Penalty: ultimate sanction of law, assuming restriction or deprivation rights, such as deprivation of liberty (jail)

Expertise is the examination and study made by the expert on the assigned problem, which serves as evidence as provided by law.

Expert: an expert or specialist in a science, art or craft which states in court. Premeditation

: thinking that makes the agent to commit a crime that involves more preparation, a plan. Pretrial

: deprivation of personal liberty sunset during the procedure, before sentencing, as a backup to ensure the objectives of the process.

Expedited Procedure: simpler procedure without arguments and evidence, as appropriate if the person acknowledges the history of the investigation, provided that an application for a maximum penalty of 5 years. Takes place before the supervising judge.

payment procedure: A procedure that allows a sentence without a trial. The sentence is imposed only with the request of the Prosecutor, but if a conviction is granted within 15 days of the accused to object. Only be for offenses for which a penalty is applied.

Simplified procedure: simple trial before Judge warranty for faults and misdemeanors with low penalty. Brief discussion and testing. No lawsuits are permitted.

Person: means any individual of the human species whatever their age, sex, race and status (art. 55 CC).

Legal person: a person of a fictional character, built by the legal system, based on a group of individuals or a group of goods whose mission is to fulfill a goal that usually transcends the interests of members or founders. There are legal persons of public law (The State, municipalities, the Catholic Church, religious groups constituted by the law of worship) and private law. The private law may be for profit, such as companies, and not have them, such as corporations and foundations. Partition

hereditary is the instrument which distributes the assets, rights and obligations of a deceased person among his heirs. Usually is done or agreed between the villagers or appointing an arbitrator issues a ruling splitter that partition. Q

Complaint: formal letter presented to the judge's warranty which the victim, his legal representative or heir probate, may institute criminal proceedings requesting the investigation and punishment of a particular crime.

Plaintiff: victim, his legal representative or heir probate, which stands in the criminal complaint.

R

Repairs locative: are the repairs to the leased property must afford the tenant, to be caused by the same use of the thing.

resolution: the ability to rescind a contract at the request of a party, when the other has not fulfilled its obligation. When a contract is terminated both parties must be restored benefits that have been made.

S

out alternatives: measures that can be agreed between the parties of the process as a solution that puts an end without coming to trial in misdemeanor cases (with a maximum sentence of 3 years). Are the conditional suspension of proceedings and compensation agreements.

Judgement: is the resolution that reflects the final court proceedings (criminal) and setting the decision to convict or acquit the subject juzgado.Simple crime: the crime of medium gravity, which is assigned a penalty moderately high (from 61 days imprisonment).

adjudicate: term temporary or permanent process according to the case prior to sentencing. The final procedure ends the same way as the sentence, the temporal duration makes the case that motivated him.

conditional suspension of proceedings: an alternative outlet that asks the court to guarantee the agreement of the accused, and that is stopping the process from 1 to 3 years. During that period the defendant must comply with the conditions laid down.

T

Tentative: start or beginning of the conduct described in the law (type).

Typicality: The characteristic of a behavior that fits or matches the type determined by the judge.

criminal Type: depiction serious legislator behavior.

Court oral criminal trial: court panel of three judges, whose main function is to hear and determine the matters brought to trial.

Testament is a solemn act by which a person has on his property for after his death, retaining the power to revoke as alive. It can be notary or five witnesses.

Testament ceremony by which a person disposes of their assets to after his death, retaining the power to revoke it while alive. It can be done before a notary or before five witnesses. U

Usufruct: a law allowing a person other than the owner, to use one thing and exploit it and become master of natural or civil fruits it produces. They are civil fruits and interest income. V

Victim: A person aggrieved or affected by the commission of a crime.

W X Y

Z

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Homo Sapiens chronic

usually think of humans and in a rational and when we heard that we envisioned as being "thinking", 'reflective', as if far more than emotional or instinctive.

However, years of psychology and, more recently, neuroscience, have emphasized that this relationship emotionality-rationality are not separate. It turns out that emotions are another tool that man uses to guide its behavior and survival. What happens is that emotions have two functions: one biological and one cognitive.

I. Biological

This function is to assist the body in life:
1) To produce a specific physiological reaction to a situation. Evidence suggests that different emotions have a physiological response, cortical and subcortical defined.
2) Regular internal state to prepare for a specific reaction (avoidance-approach). Reactions to danger, the body produces a reaction that sends signals to subcortical generate a physiological response is evaluated while cortical which allows the person to react immediately while assessing dangerousness.

II. Cognitive

also experienced emotions enable people to make decisions in the future considering the resulting emotion or harmless (emotionally) the outcome or product of your choice. Even someone could make a decision or act "irrationally" product of an emotional outburst or passion of the moment. OK but we consider them as the first and second desirable and undesirable, the fact is that emotion and reason are together.

Similarly, when we learn something not only is no reasoning, analysis and associations. The experience of learning content is mediated with the emotions experienced during learning, either by the context or the content of learning.

- - - - - - -

As we can see a situation of danger, learning and planning, emotions, and cognitive processes are related.

The emotions are there, those we recognize in ourselves or not. The climate, diet, hormonal cycles, exercise, finally, are elements that induce emotions. And while the excitement seems to have no reason or cause, goes hand in hand of cognitions.

Today I wanted to share this reflection on the so-called homo sapiens and it seems to me we do not do justice to omit his name: Emotional .

Surely the interested reader who has followed me this far, you have some questions: What about the emotions that affect us as depression or anxiety? Or maybe you're interested in learning about the specific physiological response or mechanism of emotion. Well, maybe those answers should be the subject of future entries in this blog ... Maybe ...

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up a company

are organizations with legal personality distinct from the partners and for-profit. Here are outside corporations and foundations.
Societies can be people or capital. Those people are in care for people who compose and capital because of the contributions, by both partners latter can be changed without approval of the other which occurs precisely in the stock. There are joint ventures as limited by shares. Of partnerships to create the contract, modify or terminate the agreement or consent required of all members. In contrast to limited companies is sufficient agreement the majorities on minorities.
In Chile, companies can have any object of profit while not contrary to law, morals and good customs. However, the law has required that certain special purpose companies can only take a certain way, in general corporations, and are usually under the control of authority in the case of banks, financial institutions, insurance companies, managers mutual funds or investment funds, pension fund managers, institutions, health insurance, stock exchanges and to a lesser extent, securities dealers and brokers are in this category. Moreover, in general, Chilean law does not require a minimum capital to form a company, except for some special corporations.
societies regulated by the Chilean Civil Code, civil partnership and civil society in limited partnerships are consensual contracts because the law does not solemnities. The other companies, that is, trading companies, joint stock and limited liability companies are solemn agreements. TYPES OF CHILEAN COMPANIES

Civil Society Collective Societies
Civil partners to respond their personal assets, the share of insolvent gravel to the other partners and agreements generally taken unanimously.
In Civil limited partnerships, the managing partners or managers respond to their personal assets and the limited partners for their contribution.
The dissolution of these companies, as its constitution, is consensual and therefore enough with the consent of the parties not to comply with any solemnity. Corporations

Commercial General Partnership. The Constitution is a solemn contract, is formed and a public trial, which extract is made in the Trade Register and published in the Official Journal. The essential terms are the full names of partners as he is a contract concluded in care of persons and registered office as this will determine the jurisdiction of the Real Estate, the Law Courts, and the nationality of the company to define applicable law. The partners live in solidarity with social obligations incurred under the corporate name, that is, you can chase any member to fulfill a social obligation.
Limited Liability Company. People are societies in which the partners live up to the amount of their contributions. The limited liability whether civil or commercial is always solemn deed to be entered into, which extract must be registered in the Commercial Register and published in the Official Journal. Social changes are all acts that must comply with the formalities of the constitution. In matters not covered by the law concerning limited liability companies are governed additionally by the partnership rules under the Code Civil and Commercial Code.
limited partnership. In such a society there are two classes of members: managers who are the only ones with the power of administration, and the limited partners are passive partners or capitalist. At the same time there are two types of limited partnerships: the Limited Partnership in which the limited partners are entitled as society en las sociedades colectivas, y la comandita por acciones en que se emiten acciones que representan los derechos de los socios al igual que en la anónimas. La comandita simple civil es consensual, mientras que la comandita simple comercial y la comandita por acciones son solemnes.
Sociedad Anónima. Es definida en la ley, como una persona jurídica formada por la reunión de un fondo común, suministrado por accionistas responsables sólo por sus respectivos aportes y administrada por un directorio integrado por miembros esencialmente revocables. La sociedad anónima tiene las mismas características que las otras sociedades: es una persona jurídica, sus socios accionistas aportan dinero o bienes estimados en dinero, persigue fines profit, the losses are supporting the fund established by the shareholders, but are distinguished from others because the rights of partners are represented by shares that consist of a title. The administration was performed by 2 corporate bodies the shareholders and the board, which appoints a manager. The rights of members are represented by shares of free transferability. These companies are always shopping, even when formed for civilian purposes. The corporation is solemn character, both in its creation, modification and dissolution, it is formed and a public trial, which extract is made in the Trade Register and published in the Official Journal.
Corporations may be open or closed. The first are those that can offer its shares publicly, for which they must register with the Registrar of Securities within 60 days of training, being subject to supervision by the Superintendencia de Valores y Seguros (SVS). In the case of banks, they are regulated by the Superintendency of Banks and Financial Institutions. Closely held corporations can not make a public offering of its shares, unless voluntarily submit to oversight by the SVS. In any case, listed corporations may become closed by agreement of the shareholders, no longer registered in the register of Securities and not subject to the Control of Securities and Insurance Superintendency. The law does not require a minimum capital for establishment, except in the special case of corporations as the case of banks or insurance companies.
unincorporated
Ø Communities. The communities are distinct entities since the companies, that usually comes from facts, not contracts, ie, not born of the will of the parties. They do not enjoy legal personality in this sense their representative acts by the community and not by the community, like debt, they are divided equally among the villagers. Instead, the company's initial the will of the parties, enjoys legal personality and therefore his representative or administrator is to society and not to the partners and debts are covered by assets. Ø
Associations Participation Account. It is not a company or give rise to a separate legal person, but it is with the law societies. Chilean Commercial Code defines a contract by which two or more merchants take an interest in one or many business operations, instantaneous or repeated, to be carried one in his name alone and under his personal credit by paying account and share with their associated gains or losses in agreed proportion. It is similar to a limited partnership that appears only to third manager who is the only one who agrees and in turn is related to its partners for accountability and participate as appropriate. Despite this definition, can not be made between traders and civilian operations. Third parties have action manager, which appears as the sole owner of the business. The Tax Code recognizes, for tax purposes, the relations that bind the manager with its partners, provided it is proved conclusively the existence and condition of the association. If this is not done, the tax applies to the manager as the only responsible for taxes, according to Article 28 ° Tax Code.
or companies: This is a form of a contract itself, but no effect between partners, the law is accepted in order to protect the interests of people who have contracted with the company or have done business with such entities. The members of a society made jointly and severally liable for the obligations contracted in her name, which means that each respond with all its assets by total liabilities of the company and third parties partners can not rely on any limitation of liability . The law is strict, because the objective is to protect third parties who contract with a company that has not been legally constituted, so that partners can not invalid claim for an exemption from obligations. Ø
Foreign Company Agents. They are treated in the Corporations Act, following the liberal spirit of it, does not require any approval for its establishment by a watchdog. When a corporation wants to establish an agency in Chile, to appoint an agent or representative and tax for all practical purposes, must be domiciled or resident in Chile, which will formalize in a Notary in which its registered office, giving background account the existence of the company abroad, ie Certificate of Good Standing of society certified copy of the existing Statutes and General power granted by the company the agent has to represent it in Chile. In that power must contain the personality of the agent usually is granted by the board of the foreign corporation and must express, accurately and clearly, that the agent will work in Chile under the direct responsibility of the company, which will broad authority to execute trades in your name and all regular and special powers warrant.
The agent must declare that society is obliged to maintain in Chile readily marketable assets to meet obligations to be fulfilled in the country. It should be an excerpt from the protocols of documents submitted by the agent and the deed of the establishment of the agency, extracts should be registered in the Commercial Register and published in the Official Journal. The amendments must comply with the formalities of setting up the agency. Documents from abroad must be duly legalized by the Consul of Chile or the relevant authority in the country of origin and be endorsed by the Ministry of Foreign Affairs of Chile.

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Intellectual Property Registration: Registration of a work

The registration of a work in the Intellectual Property Registry confers an important form of evidence concerning the authorship or creation of it. Also for holders of related rights. The Article 8 of Law 17,336 establishes a legal presumption of authorship simply in favor of who makes the entry or registration of an intellectual work.

What is?
Law No. 17,336 of 1970 on Intellectual Property rights protected by the mere fact of creation of the work, the authors of works acquired intelligence in the literary, artistic and scientific whatever form of expression and related rights which it determines. The copyright covers the economic and moral rights, which protect the development, authorship and integrity of the work.

Copyright is a set of rules, laws that protect the author and his intellectual work. It also protects the so-called COPYRIGHT HOLDERS, ie surviving spouse, heirs, assignees and legatees. The law also protects related rights of artists, performers, performers and phonogram producers.

Overall are protected literary, artistic and scientific literature, for example, protected a book, line art, film, sculpture, computer program, musical composition, and others.

The author is the person who creates intellectual work. Legal persons can have rights.

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Tecnològic

What is a Will?
is an act whereby a person (the testator) provides that all or part of their property be inherited by others after death.

Under the law, there are several types of wills:
Testament solemn is the most widely used. Must be written and executed before witnesses over 18 years. The solemn will be open or closed. In the first, the testator will report its a notary and witnesses. In the second case, the testator has the notary and three witnesses a deed closed, loudly declaring that it contains his last will. Testament
less solemn formalities can be ignored that the law usually requires the presence of a notary. This type of will is usually given in cases where the testator's life is in imminent danger. There are three types of wills less formal, verbal, military and maritime. The latter two occur only in case of war.


How do you make a will?
must first decide whether to make a solemn will open or closed. Less formal wills are only in very rare or exceptional.

solemn Testament open: should go to a notary with three witnesses over 18 years, or to call five witnesses, without the notary. Can dictate his will to a notary or have it written that you read it aloud to the witnesses. In the will must state the name, age, address and nationality of the testator, details of their marriages and all their children, the statement of being in full possession of his faculties and the names and addresses of witnesses. The document should be signed by the testator, the notary and witnesses.

solemn Testament closed: the document must be written and signed by the testator and be in a sealed envelope. The envelope should be the data and signatures of the testator, the notary and three witnesses. The testator must say, out loud, which is contained in over his will.

verbal Testament: the law permitted only if there is no time to make a solemn will. Is made orally before at least three witnesses over 18 who can read and write. 30 days after the testator's death, put it in writing. Anyone interested in the estate may go to an individual judge, who must locate witnesses and take statements about the will that said the deceased and under what conditions did. The oral testament longer have value if this formality is not fulfilled in due time or if the testator dies after 30 days of having expressed their will.





Who I can leave my property?
In Chile wills are restricted. The law obliges the testator to make some forced shares to certain people, which governs whether or not a will involved.

mandatory
These assignments include, first, half of the property, where they are forced food (food to sustain a child, for example) and legitimate heirs allowances as a spouse, descendants or ascendants (parents and grandparents) and on the other hand, the fourth of improvements, which the testator can improve market share certain heirs.


Then the testator can only dispose of half their property. This half is composed of a quarter-called "fourth best", which can increase the benefits of their spouse, children or parents, and another quarter called "unrestricted", which itself can be left free to anyone.


In summary, 50% of the property goes to heirs, 25% goes to improve some of those served by the first half and the other 25%, to whom the testator wishes.


Who are the heirs?
People who succeed the deceased in their assets and liabilities according to the following order of succession, from highest to lowest right:


First order: the children and the spouse who survives him (husband or wife). In the case of a deceased child of the testator, instead inherit his sons, ie, the grandchildren of the deceased.

second order, if no descendants, inherit their parents or other ascendants nearest and the spouse who survives him. In case of missing the parent and the surviving spouse, heirs are the grandparents who are alive. In case you are killed all the grandparents, great-grandparents are living heirs.

Third order: missing earlier, the brothers inherited, whether by the father and mother, or only one of them. In case you are one of the brothers died, instead inherit the children of the deceased brother.

Fourth order: in case of missing all previous derecholos blood relatives have descended from a common trunk, without parents or children together. The nearest degree relatives excluded to the furthest. First are the guys. In the absence of any merry, cousins \u200b\u200binherit the deceased. Does


will only serve to convey real?
No, you can also make statements, such as naming a guardian for your children or recognize a child nonmarital.


What is the difference between inheritance and legacy?
inheritance corresponds to all or part of the estate of the testator. The legacy is more in private goods, concrete and specific such as a car or a work of art.


Who can not make a will?
The woman under twelve years and the male under fourteen years of age, because by law, are absolutely incapable.
People are not in his senses for drunkenness or other cause.
The madman private property management, who is designated a legal representative.
Those who can not express clearly will.

Can you revoke a will?
Yes, it is revocable during the lifetime of the testator. Just make it a new one. However, it is advisable to include a clause where it is clear that the earlier document is null.


Can she have to commission a third party to make a will?
No, it is an act of one person. Consequently, joint wills are invalid or groups as well as the ability to test through an agent or representative. The girl who has completed twelve years and the man who has reached fourteen years may test freely and without authorization.


How is enforced a will?
The testator may be designated by an executor or the executor, who is in charge of enforcing what the will says.


After the death of the testator, the executor must inform the heirs that there is a will and that is the last will of the individual. Then he will make representations to the court for what the will says about material goods is incorporated into actual possession.


If the testator has not appointed an executor, any heir can execute a will asking the courts actual possession, with the advice of an attorney.


Is it necessary always have a notary to make a will?
No, the law recognizes a type of will called a less formal, where you can omit some formalities as the presence of a notary. However, this can only occur in extraordinary situations, as when the testator's life is in imminent danger.


Do I need to always have a lawyer to enforce a will?
Yes, to do management in the courts.


Where can consult a will?
In the Civil Registry and Identification Service. They have a National Register of Wills where you can view the date, name and RUN the testator, in addition Testament class. Only such data can be accessed by the public, the content can not be revealed.


Can one inherit property without a will?
Yes, the Civil Code, Book III (Art. 980 to 998) provides rules for intestate succession (no will) to which end the heirs should begin the process of actual possession to the Civil Registration Service.


What laws govern wills?
Civil Code, through provisions in its Book III (Art. 951 to 1436) and Law No. 19,903 on possession of the inheritance.