Conservation Property Right
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The Conservation Property Right also known as the Conservation Right or Environmental Conservation Right is a new institution of private law established in Chile by Law 20.930 enacted on June 10, 2016 [2]
In its article 2, this law establishes: ´The conservation property right is a property interest that consists in the faculty to conserve the environment of a specified land or certain attributes or functions of such environment´. See also the original spanish version of this legal definition in derecho real de conservación which is the original spanish language name of this new institution.[1]
The conservation property right can be applied in rural or urban areas, either to ecosystems or habitats in strict sense or to different environmental, social or cultural elements.[2][3]. Moreover, the conservation property right can be established with respect to ´attributes´ and ´functions´ of the corresponding environment, which means that this new property right can be directly established with respect to specific ecosystem services.
The ´conservation property right´ is defined by reference to a normative power: the ´faculty to conserve´ that constitutes its central normative element.[3] It is this new ´faculty to conserve´ that distinguishes this new property right from the conservation easements or servitudes that are defined and characterized as ´restrictions´ -and that in the civil law system are typified as encumbrances or gravamen-.[4][5]
Notes[edit]
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- ↑ The denomination of the ´conservation property right´ was originally proposed in 2003 in Chile in order to differentiate this institution from conservation easements or servitudes. Ubilla, Jaime (2003). La Conservación Privada de Biodiversidad y el Derecho Real de Conservación, Revista de Derecho Ambiental de la Universidad de Chile, Nº1, 2003
- ↑ This results from the broadness of the concept of environment adopted by the legislation of Chile -Article 2 of the Environmental Framework Law, Law No19.300
- ↑ In this respect it should be noticed that in the civil law tradition a ´faculty´ defines the normative power granted to a property right´s holder
- ↑ Ubilla, Jaime (2014) Propuesta de Indicaciones al Proyecto de Ley del Derecho Real de Conservación. Centro de Derecho de Conservación, Junio 9, 2014 [1]; Ubilla, Jaime (2016) Reflexive Law and Reflexive Property Rights. PhD Thesis, Faculty of Law of the University of Edinburgh, 2016 Ch.9.; Ubilla, Jaime (2016) Derecho Real de Conservación: Justificación Normativa y Socio-Legal, en Revista de Derecho de la Universidad de Concepción, Nº240, Junio-Dic 2016
- ↑ For a thorough review of the legislative history of Law No20930 please visit http://www.bcn.cl/historiadelaley/nc/historia-de-la-ley/5077/
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