Inoficiosidad del contrato de explotación en la concesión minera.

Abstract

Mining Law is one of the oldest branches in the Ecuadorian legal system, being regulated since the nineteenth century through the Decree of Bolívar. Consequently, the first Mining Code was issued in 1830, which recognized the mining concession; and, subsequently, the Mining Law of 2009 that recognized the exploitation contract autonomously, demonstrating a possible legal duplicity between the concession and the exploitation contract. Therefore, this study examines whether the existence of the exploitation contract is unofficial, because it requires requirements that were already exhausted prior to the concession; and, if the latter has the same effects as the former. This research carries out a legal-normative analysis between the two legal figures, based on comparative legislation; and, in the normative interpretation of the Ecuadorian legal system, ratifying that the exploitation contract implies the fulfillment of obligations that were already fulfilled prior to the concession, violating the principles of coordination, legal certainty and legitimate expectations that govern the public administration. Therefore, this research shows the need for a Law reforming the Mining Law and its General Regulations, which seeks to correct the regulatory duplications.