El cuestionamiento del cambio de naturaleza jurídica de la concesión minera en el Ecuador.

Abstract

Currently, Ecuador is currently in a stage of metal mining exploration, and it constitutes one of the Government's economic development priorities, which is why the exploration of these resources constitutes a valuable and justified investment. This being carried out through mining concessions; however, in our Ecuadorian legislation, the Mining Law enacted in 2009 considers the mining concession title to be a personal right. Historically, previous mining laws have considered the concession to be a real right. Therefore, in this work, we analyze whether the personal right can be adjusted to the elements and characteristics of the mining concession, its legal effects, possible repercussions on legal regulations in order to avoid impacts on investors and the Ecuadorian State. In turn, we analyze the mining concession as a real right.