Necesidad de reformar el art. 797 del Código De Procedimiento Civil, en relación al principio constitucional de la previa justa valoración, indemnización y pago de conformidad con la ley
The Constitution of the Republic of Ecuador, allows expropriation by public institutions, in Art. 323, in order to implement plans for social development, sustainable management of the environment and collective well-being, for reasons of public utility or social interest and national, this prior fa...
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| Natura: | bachelorThesis |
| Lingua: | spa |
| Pubblicazione: |
2015
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| Accesso online: | http://dspace.unl.edu.ec/jspui/handle/123456789/8996 |
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Aggiungi Tag | Riassunto: | The Constitution of the Republic of Ecuador, allows expropriation by public institutions, in Art. 323, in order to implement plans for social development, sustainable management of the environment and collective well-being, for reasons of public utility or social interest and national, this prior fair valuation, compensation and payment in accordance with the law. Thus, if an autonomous decentralized government will implement plans for social development, sustainable management and collective welfare, may expropriate private land, this is done in accordance with the law is, the Organic Code of Territorial Organization, Autonomy and Decentralization , this being an administrative act declaring the expropriation payment and fair consideration, and in advance. As the case is that the landowner does not agree with the value of the expropriated property, so this action following the resolved before one of the civil judges, according to the procedure outlined in Art. 781 and Code of Civil Procedure. . In the Code of Civil Procedure, Article 797 states; that in the case of urgent expropriation, considered as such by the entity that demand will proceed to occupy the property immediately. This occupation will be ordered by the judge in the first ruling of the trial, provided that, demand, price, according to the applicant, be paid for expropriated it is accompanied. The trial will continue for the procedures mentioned in the previous articles, for the final determination of that price, which means that the provision of value expropriated will be canceled when delivered judgment and it is firm, going against what stimulated in constitutional law just prior valuation, because he filed the civil suit for the existence of fair payment |
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