Reformar el art.40 de la ley de seguridad pública y del estado en cuanto a las excepciones de la adquisición de tierras y concesiones en zonas de seguridad de frontera y de áreas reservadas por parte de extranjeros

Our Constitution within its legal system determines in its article Art.11 2 "all persons are equal and shall enjoy the same rights, duties and opportunities No one may be discriminated against on grounds of ethnic group, place of birth, age, sex, gender identity, cultural identity, marital status, language, religion, ideology, political affiliation, judicial history, socio-economic condition, immigration status, sexual orientation, State of health, carry HIV, disability, physical differences; or by any other distinction, personal or collective, temporary or permanent, which has the object or result impairing or nullifying the recognition, enjoyment or exercise of the rights. The law shall punish all forms of discrimination. The State shall take affirmative action measures that promote real equality in favour of holders of rights who are in a situation of inequality In this respect it is worth mentioning that this constitutional article, references the principle of equality, and as such, it should apply to all areas of the law in the regulation of the activities of man, in particular has been developed as a fundamental, human right and today, with greater relevance Article 40 of the law of national security and State, determines "the ban on foreigners-is prohibited to natural persons or legal foreign and domestic legal entities made up of one or more natural persons or foreign legal, possession, acquisition and land concessions in the areas of border security and the reserved areas of security with the exception of the populated and urban areas located in these areas. Also except for the acquisitions of lands and concessions made by: 1. in fact legally recognized, Ecuadorian and Ecuadorians with foreign marriages and unions, whose marital and indeed society have at least 5 years of duration; and, 2. National legal persons whose foreign partners are domiciled in the country for a period of at least 5 years, continuous and uninterrupted. The regulations under this law shall define the terms of its implementation. It is worth mentioning that in terms of the acquisition of real estate by a natural person or foreign prohibited the possession, acquisition, and land concessions in the areas of border security and the reserved areas of security, with the exception of towns and urban areas located in these areas. Of which there is also exception in the acquisition of lands and concessions made by: in fact legally recognized, Ecuadorian and Ecuadorians with foreign marriages and unions, whose marital and indeed society have at least 5 years of duration; and national legal persons whose foreign partners are domiciled in the country for a period of at least 5 years, continuous and uninterrupted. In this respect you can see the Art.40 of this law, is against with equality of rights and obligations which mentions the Constitution of the Republic, since is restricts rights of acquiring an asset with these characteristics, that it must meet a time span of five years domiciled continuously and uninterrupted; It is so for the same quality of foreigner, in the majority of cases both his business and his family reside in the country of their origin and in others, so it would have to interrupt his stay and address in some cases on an ongoing basis. So the law of public security and the State, deserves a reform, as exceptions to the prohibitions of acquisition of lands and concessions in areas of reserved areas of security and border security, as it violates the rights of equality that gives us the Constitution of the Republic.

• প্রধান লেখক: Dominguez Santín, Roberto Eusebio (author)
• বিন্যাস: bachelorThesis
• ভাষা: spa
• প্রকাশিত: 2017
• বিষয়গুলি: DERECHO; SEGURIDAD PÚBLICA; EXCEPCIONES; ZONAS DE SEGURIDAD
• অনলাইন ব্যবহার করুন: http://dspace.unl.edu.ec/jspui/handle/123456789/19295