Two Hypothecation on Immovable Administrative Rights in Rem: The Hypotheation on an Aquaculture Franchise and on a Geothermal Energy Franchise

Abstract

Law No. 19.657: On geothermal energy franchises, of 2000, together with creating the geothermal energy franchise, allowed its hypothecation. It did not choose, then, to establish a security without the movement of such franchise, abiding by several previous laws about franchises that had shaped both securities, despite the immovable nature of the objects about which they enacted. As the geothermal energy franchise has an immovable nature, the law of 2000 was more technical when creating a hypothecation. Subsequently, Law No. 20.434 of 2010, introduced in Law No. 18.982 of 1989: General Law of Fishing and Aquaculture, also the figure of a hypothecation of the aquaculture franchise that had been created by the latter. Both hypothecation shape a type of these taxes, characterized for being aimed at immovable administrative rights in rem. This article is about this study.