Suprema - Rol N° 27555-2016

Supreme Court ruled that prior 'Oriente' claims, subject to nullity actions, do not grant absolute res judicata to block overlapping 'Llano' claims due to Article 86 Mining Code exceptions, ultimately rejecting the opposition.

• The case involves an opposition by Sociedad Legal Minera Nx Uno de Peine (Nx) to the constitution of mining claims ('Llano') by Sociedad Química y Minera de Chile S.A. (Soquimich), due to overlap with Nx's pre-existing 'Oriente' claims and Nx's claim as the original discoverer.
• Nx pursued appeals based on procedural grounds (casación en la forma) alleging violation of res judicata (cosa juzgada) under Article 768 No. 6 of the Code of Civil Procedure, and substantive grounds (casación en el fondo) arguing misapplication of mining and civil laws, primarily Article 86 of the Mining Code.
• The core substantive issue revolved around the application of Article 86 of the Mining Code, which regulates the res judicata effect of definitive sentences constituting mining concessions and its excep...