Study of the Legal Nature

This paper analyzes the legal nature of mining and quarrying rights and titles in the Democratic Republic of Congo, in the light of the Congolese Mining Code and its implementing regulations. It aims to determine the legal qualification of these rights and titles, their legal regime and their effects in the national legal system. In a country endowed with exceptional mining potential, the legal framework for the exploitation of mineral resources is a major issue for state sovereignty, economic development and environmental protection. The study highlights the distinction between mining rights and mining titles, particularly with regard to the conditions of granting, duration, transferability and the obligations imposed on holders. It also examines the legal regime governing quarries, which is governed by specific provisions although linked to mining activity. The report shows that mining rights and titles do not confer ownership of the soil or subsoil, but rather administrative real rights, granted under the control of the State, which has permanent sovereignty over natural resources.