El acto administrativo referente a la declaración de expropiación con fines de utilidad pública

Ecuador is a constitutional state of rights, where the highest duty of the state is enforcing its rules, for which managers must engage their agreement thus being able to obtain harmony and respect to its current legal system. Our legal justice system is enshrined as a means for the realization of justice; according to the Constitution of the Republic; system where their organic and ordinary rules are in clear contradiction due to its age, and the neglect of those who are called to legislate; contradicting the provisions of the supreme law, which having been refurbished and updated with the requirements of society, enters into new approaches, leaving this way contradictory processes which have regulated the habit variety of conflicts, in which the company is active body processes. The legislator in order to find the solution of conflicts between authorities in participatory society has made mistakes in typing or confusing processes to establish where the basic principles of law have not been taken into consideration, as is the case I, where the Code of Civil Procedure engages the process to follow in the expropriation proceedings when, for reasons of disagreement between the parties with the value to be paid by the expropriated property, it commands sue for by court judgment set the fair value payable, and so good at moving the sake of the state. The Constitution states that only state entities are those who can declare the public utility to make way for these expropriation processes, for such reasons is not understandable due to the nature of this act that the expropriation proceedings from being litigated in the civil field; clear is that although they are involved individuals and their interests; these conflicts when faced with state institutions; become they managed, for which our legislation provides a different branch that is the public law; same as putting on legality is based on the provisions of the supreme law Therefore this thesis is focused on the study of Administrative Act Concerning the Declaration of expropriation for public utility, and immersion within the administrative jurisdiction; to ensure due respect and harmony with the legal security of the state

• Autor principal: Torres Ocampo, Gipsy Mabel (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2015
• Matèries: LA ADMINISTRACIÓN PÚBLICA; ACTO ADMINISTRATIVO; DECLARACIÓN DE UTILIDAD PÚBLICA; EL INTERÉS SOCIAL
• Accés en línia: http://dspace.unl.edu.ec/jspui/handle/123456789/8858