Aproximación a la Naturaleza Jurídica del Derecho Real de Conservación en Chile

Abstract

Law N° 20.930, which establishes the in rem right of conservation, was published in the Chilean Official Journal on June of 2016. Its objective is to entitle a person to preserve the environmental heritage, characteristics or functions of a territory. Notwithstanding the relevance and novelty of this law, there are few academic studies that examine it. Therefore, this article explores the Chilean legal techniques to preserve the environment, describes and analyzes Law N° 20.930, approaches the relation between this new right and the easements regulated in the Chilean Civil Code and, finally, offers a propose about the legal nature of the right of conservation.