Bases y dogmas que permiten o impiden mercados de derechos de aguas: mercado en Chile y cuasi mercado en España

Authors

  • Alejandro Vergara Blanco

DOI:

https://doi.org/10.18042/cepc/rap.205.11

Keywords:

Water law, water rights market, inalienability of the public domain, concession system.

Abstract

After developing the legal bases of the neomodern Chilean water law, the author claims that it is the intangibility of water rights (their non-expiration) and the free transferability of these which allows the existence of water rights markets. He postulates, in addition, that in Spain there is only a quasi-water market, and that the dogmas of the inalienability of the public domain and the perpetuity of the subjection to the concession system, both supported by the traditional doctrine of administrative law, may have been overcome nowadays by the jurisprudence and a new although minority doctrine.

Issue

Section

IBERO-AMERICAN ADMINISTRATIVE REPORT