Identificador: TDX:1288
Autors: Riquelme Salazar, Carolina de Lourdes
Resum:
This dissertation is intended, as inferred from its title, firstly, to analyse the right to exclusive water use (derecho al uso privativo de las aguas) and its configuration as in rem use right (derecho real de aprovechamiento) in the legal systems of Spain and Chile; and secondly, to make a comparative and critical analysis of both systems.
Ultimately what is intended is to provide an overview on water use rights, useful for both Chilean doctrine as the Spanish, contrasting both realities with its opposite, in order to discern their strengths and weaknesses, which in turn, form the basis for possible future regulatory changes respect those matters which have been identified as deficient.
This study is divided into three distinct parts. In the first, analyzes the right to exclusive water use in Spain, configured as a water use rights, which in turn is structured in four chapters. The first chapter is intended to present a general approach to public water domain regime in Spain and rules governing the use of water resources. The second chapter refers to the water use rights in Spain with special reference to the administrative concession as the main tool of creation of such rights. The third chapter deals with the contract of assignment of rights to exclusive water use, as a transfer instrument of water use rights. Finally, the fourth chapter deals with exchange centres of rights to exclusive water use (centros de intercambio de derechos al uso privativo de las aguas), also considered as a transfer instrument of water use rights.
In the second part, we try to follow, as far as possible, the same scheme presented regarding the first part, but this time in relation to the right to exclusive water use in Chile, configured as a water use rights. This section consists of two chapters, since in this legal system, the figures of contract of assignment and the exchange centres of rights to exclusive water use, do not exist. Thus the study presents a first chapter that seeks to conduct a review of the treatment of public water in Chile, and the water-use regime. The second chapter analyzes the water use rights in Chile, emphasizing its mechanism of transfer through the free market tool.
In the third and last part, the comparative analysis is performed on the right to exclusive water use, configured as water use rights in Spain and Chile. This part consists of two chapters. In the first, we analyze from a critical point of view the configuration of public water domain in Spain and Chile, and corresponding water-use regimes. In the second chapter, we use the same analysis mechanism to confront the water use rights regulates under the Chilean water law and Spanish, with special reference to administrative title that creates this right; and liberal or interventionist formulas established for the transmission of such rights.
This study ends, after critical analysis, with conclusions that attempt to reflect the result of the revised problem, trying to provide objective or evaluative reflections that have been considered appropriate.
Repositori URV