El pago del justo precio a los propietarios por efectos de la expropiación en relacion de la garantía de la propiedad individual y personal

His work delves into the legal concept of expropriation, in order to satisfy mediate inquiry appointed in the subject and with an immediate view to be useful for those who decide to approach the issue. The purpose of the expropriation is not the mere privation of the thing or right in that it consists, but the subsequent fate after deprivation to expropriate the property affected must be expropriated. In this sense, expropriation is a tool and not an end in itself, it is always based on a transformation, whether physical or legal person of the expropriated property. It is the foundation of Eminent Domain, so the power is only justifiable expropriation of management on the need to sacrifice a situation of private property to public interests. This is what justifies this action by the Administration, so that without not proceed. This brings the previous implicit declaration of public utility or social interest in order to affect the object has been expropriated, in addition shall be declared by law and uniquely expressed in each case. Something that is discussed in our time about it is if it is enriching the State, even for public benefit at the expense of the individual, for certain is that people should not be forced to bear what is, in righteousness, public expenditure. This position is simply hinged on whether to proceed with the adequate compensation of the private person aggrieved by governmental action, leaving in between that such enrichment. But at the same time it is that such a sacrifice is minimized, so that does not involve the loss of economic substance of the situation sacrificed content is replaced by the fair price. Eminent domain is allowed at the beginning of the liberal state as the ultimate background of natural law, sacred and inviolable private property, "has become a negative limit absolute right of ownership nineteenth making themselves available for Public Administration compliance management and shaping for growing in today's society, but there are always guaranteed the right holder, a just cause of social interest, which in turn limits the expropriation, and the economic substance of the right, and these aspects overseen by the higher courts.

• Autor principal: Vizueta Guijarro, Ankler Juan (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2012
• Assuntos: DERECHO; PAGO DEL JUSTO PRECIO; EFECTOS DE LA EXPROPIACIÓN; GARANTÍA DE LA PROPIEDAD
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/20007