In the present work the legal nature of the action established on article 669 paragraph 1° of the Chilean Civil Code is explored; even though it seems to be agreement as to what a restitutionary reimbursement is, this is not asserted enough, which generates difficulties at the judicial level. Indeed, concerning the action of reimbursement granted by article 669 paragraph 1°, no distinction has been drawn between the restitutionary and compensatory character of the norm. Having an unduly property allocation taken place, the principle of unjustified enrichment imposes the obligation of restituting, thus not being required a correlative impoverishment in order to claim the restitutionary reimbursement, since the action is not aimed at compensating the impoverished, but to recovered the unduly assigned enrichment, this way, regarding the studied action the stress muss shift from the amount of the impoverishment to the effective amount of the enrichment, so as not to apply the compensatory logic to the restitutionary reimbursement.


Ownership immovable accesion enrichment by intrusion right of option reimbursement restitution compensation