Abstract

QUINTERO GARAY, Clara Patricia. Indirect expropriation in concession contracts. Estud. Socio-Juríd [online]. 2008, vol.10, n.2, pp.305-327. ISSN 0124-0579.

The work aims to demonstrate that an indirect expropriation of rights occurs when mining concession agreements are made for subsoil exploitation. The article looks at examples such as when administrative divesture for public utilities or for social interest is decreed to implement projects or environmental works; when any regulation or administrative action is taken determining protected areas or environment control of type; and when environmental control plans are implemented. The indirect expropriation occurs because a conflict exists between general interests and equality principles of the burdens, the contractual right of adherence to agreed upon provisions and the legality of prior legal regulations for the carrying out of such expropriation.

Keywords : Mining concession agreements; indirect expropriation; environment protected areas; equality of burdens; contractual law.

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