La Ley De Mineria debe contener disposiciones sobre las concesiones de bienes del dominio público, las que no crean derechos reales otorgan, sin perjuicio de terceros, el derecho de realizar la explotacion o aprovechamiento que las leyes correspondientes regulan. a condicion de que el titular cumpla las obligaciones impuestas

The Mining Law currently in force suffers from loopholes to not contain provisions determining that concessions on public property, areas of exploration of mining, stone resources not grant real rights in the fields of business, that is, dealers do not develop or acquire title to such land. as it is public property that are inalienable and indefeasible, so no natural or legal person may acquire ownership of such public goods because they have obtained a concession. The problem is that under any circumstances and for any reason a licensee can claim ownership of these assets based on a concession contract for exploration or mining, and Mining Law does not have the legal basis to oppose such a plan, thereby avoiding provisions that prohibit action in this regard. In this vein it is understood that all special legal regime of public property is a function of their application for a public purpose. Thus, the natural resources in general are configured as public property at its source, as we have noted, until they are exploited by the concessionaire, at which point they become the private domain of the same, which is itself susceptible instead of participate in legal transactions. Proprietary goods, in turn, are likely to be transferred, to be acquired by prescription and be taxed without relevant whoever the owner regards to exploit minerals. This legal research aims to analyze the problem from a legal point of view, this, of the Constitution in the aspect of natural resources and their exploitation, their limitations; public property areas where prospecting is done, the legal framework by the Mining Law, the Hydrocarbons Law, Comparative Law on exploitation of natural resources, from the sociological field in relation to resources natural, exploitation and man, the social consequences of this operation, damage to the environment, the consequences in nature. It begins with an analysis of the conceptual framework, that is, the conceptualized view of terminology used, concepts, definitions, the theoretical framework of mining, prospecting, exploration, exploitation. In the legal-constitutional, legal, a detailed study of the Constitution with regard to natural resources, protection of the state, public property and its protection is made; the Mining Act in the context of the exploitation of non-renewable natural resources, the Hydrocarbons Law and the like, of Comparative Law on mining; in one aspect doctrinal analysis of the historical evolution of mining. Finally, in the field of research and empirical field research, legal research techniques will be applied: surveys, interviews, case studies, review of objectives and hypotheses and verification; to arrive at the conclusions, recommendations and proposed legal reform

• Hovedforfatter: Hernández Pontón, Rosa Marcela (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2016
• Fag: LA LEY DE MINERIA; DISPOSICIONES SOBRE LAS CONCESIONES DE BIENES DEL DOMINIO PÚBLICO; LOS RECURSOS NATURALES; LAS CONCESIONES MINERAS
• Online adgang: http://dspace.unl.edu.ec/jspui/handle/123456789/8994