La Expropiación con Finalidad Social, sin Previsión Presupuestaria y Justo Pago, Presume Confiscación

This research paper is entitled "EMINENT DOMAIN WITH SOCIAL PURPOSE AND JUST NOT PAY ESTIMATED BUDGET BOASTS SEIZURE" develops the analysis of a legal problem that falls within the guidelines set forth below. To fulfill the objectives I proceeded to perform a theoretical, normative and fie...

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Autore principale: Gavilanes Vargas, Gandhi Rosario (author)
Natura: bachelorThesis
Lingua:spa
Pubblicazione: 2016
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Accesso online:http://dspace.unl.edu.ec/jspui/handle/123456789/17663
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Riassunto:This research paper is entitled "EMINENT DOMAIN WITH SOCIAL PURPOSE AND JUST NOT PAY ESTIMATED BUDGET BOASTS SEIZURE" develops the analysis of a legal problem that falls within the guidelines set forth below. To fulfill the objectives I proceeded to perform a theoretical, normative and field of expropriation study by the autonomous governments to demonstrate that inadequate without budgetary provision payments violate private property which boasts confiscation prohibited in Constitution of the Republic of Ecuador and thus be able to propose legal reforms rulemaking and partially repeal an article considered unconstitutional For me based legal basis as the main rule the Constitution of the Republic of Ecuador and the Organic Code of Territorial Organization Autonomy and Decentralization, which I will make improper payments that violate the right to private ownership of the Ecuadorians. I have done a fieldwork based on surveys of professionals and teachers of law giving me important information to culminate with my raised concerning the expropriation study; also case studies that I Ansar determine the nonconformity of payments by the state 5 To obtain information, apply several methods that have helped me to investigate situations concerning expropriation, and the effects caused by the failure of the application of the rule, violating a constitutional right as is the private property right that arises from the French Revolution in order to respect citizens' rights After extensive research I conclude that the reversal in cases of non-payment by the state authority is unconstitutional because it admits that the entity empowered to expropriate disrespects private property allowing the Organic Code of Territorial Organization payments within a year , that is after the expropriation run passing good part of the patrimony of the state , leaving the economically affected owner during this time , and even the omission of this requirement does not allow the affected purchase a property for your benefit. Aspects described above are studied in this paper , which concludes with the approach of legal proposals , so that in this way the private property of the Ecuadorian respect , being the expropriation a legal entity that uses the state frequently to run works towards the social development of our country.