Abstract

MARMOLEJO CERVANTES, Miguel Ángel. Theory of created risk to theory regulated risk in hydrocarbon matter. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.154, pp.107-145.  Epub May 12, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.154.14139.

The hydrocarbon industry in Mexico has undergone fundamental changes in recent years. This article analyzes the legal implications to determine the configuration of civil liability in said industry, with the aim of demonstrating that the hydrocarbon industry, under the paradigm of the new energy regulation in the country, does not fit within the ‘theory of created risk’, but within a new theory called ‘regulated risk theory’, whose ultimate rationale consists in the application of a safe standard that allows the administration of dangerous risks, taking into account technological innovation and international standards of security, thus passing from an absolute and unlimited risk, to an manageable and mitigable one.

Keywords : Civil Liability; Energy Security; Energy Reform in Mexico; Theory of Created Risk; Regulated Risk Theory.