Los derechos del propietario en juicios de expropiación.

The objective of this investigation was to analyze through a doctrinal legal study the rights of the owner in expropriation trials. Knowing that the property right is exercised over a corporeal or tangible thing. In the same way, it is considered that expropriation as such is usually defined in gene...

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Hlavní autor: Pilco Bacon, Edison David (author)
Médium: bachelorThesis
Jazyk:spa
Vydáno: 2022
Témata:
On-line přístup:http://dspace.unach.edu.ec/handle/51000/10142
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Shrnutí:The objective of this investigation was to analyze through a doctrinal legal study the rights of the owner in expropriation trials. Knowing that the property right is exercised over a corporeal or tangible thing. In the same way, it is considered that expropriation as such is usually defined in general as forced expropriation and within it other types of expropriation are appreciated. Methodologically. The unit of analysis of the present investigation was located mainly in the legal study of property rights and expropriation, its regulation, as well as the rest of the normative bodies related to the process of expropriation of goods and the fair price. The methods used were legal-doctrinal method, legal-analytical method, descriptive method, inductive method. With a qualitative approach, due to the type of research it was basic, documentary bibliographic, descriptive, field. With a non-experimental design, the population and sample, the universe of the population object of this research work was made up of the judges of the Contentious Administrative Court and lawyers in free professional practice in the area of administrative law, as indicated in the following statistical chart. The techniques were the survey and the instrument the questionnaire, which allowed to reach the conclusion that, through the doctrinal legal study, it could be considered that the right to property within the pertinent laws that have been studied in the present work as it is The General Organic Code of Processes, COGEP, and the Organic Law of the National Public Procurement System regarding expropriation do not guarantee the expropriated the legitimate right to defense and even more so to due process in regards to challenging acts and administrative resolutions guaranteed rights in the constitution of the Republic of Ecuador.