Bases histórico-conceptuales del derecho público minero (II)
ISSN: 1697-3046
Year of publication: 2018
Issue: 30
Type: Article
More publications in: Revista General de Derecho Romano
Abstract
Administrative Law devised the theory of "Mining Systems" to explain the imposition of the public domain dogmatic to extractions of strategic significance. However, these pretended systems seem to be limited to the historical location of each one of them, without taking into account a possible evolution towards the public domain system. Many centuries before its theoretical construction, we envision the approximation of Roman law to The dominium eminens through the legal categories applicable to roman provincial mining : ager publicus, proprietas or res fisci.