February 19, 2018

Bastias Saavedra on Possession, Ownership, and Land Sales on the Chilean Frontier (1790-1830)

Manual Bastias Saavedra, University of Bremen, Centre of European Law and Politics (ZERP), has published The Lived Space: Possession, Ownership, and Land Sales on the Chilean Frontier (1790-1830) at Historia Critica 67. Here is the abstract.
By looking into sales of indigenous land in the territory of Valdivia between 1790 and 1830, this article discusses how legal interactions were tied to the local spaces of rural habitation. Since ownership was linked with possession and use in Spanish colonial law, local social relations and shared local knowledge were crucial for determining legal ownership and ensuring the validity of land transfers. This article provides insights into how law operated in newly integrated colonial spaces, and reveals that land transfers did not yet constitute purely contractual relations but were instead socially negotiated transactions involving different levels of authority and dependency.
Download the article from SSRN at the link.

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