Algunas críticas al procedimiento judicial de constitución de servidumbres mineras, en particular respecto de la servidumbre minera provisoria y los efectos procesales nocivos de una expresión de tutela jurisdiccional anticipada

Within the framework of the constitution in Chile of legal mining easements in court, a number of situations can be verified that could be classified as violating the contradictory principle of the process. Said question is some complexity since the lien intended by the owner of the dominant estate was imposed, from an early procedural stage, without due consideration of the background information that would allow determining the quantum respondeatur, in respect of which the owner of the servient estate is entitled to receive compensation. In addition to that indicated, other problems can arise can be verified during the processing of the trial in question, which could also be linked to a deficient procedural praxis of the judge who hears the litigation in the exercise of what has been called by the doctrine anticipated jurisdictional protection.