La expropiación frente al justo precio a pagar debido al avalúo catastral irreal de los inmuebles

Abstract

The expropriation is an administrative act issued by the institutions of the State, in order to implement plans for social development, sustainable management of the environment and collective welfare, for reasons of public utility or social and national, deprives a person of part of its heritage, compensating for it with the payment of fair compensation. The legal framework of the expropriation is determined in article 323 of the Constitution of the Republic of the Ecuador, in Art. 446 et seq. of the COOTAD; Article 59 of the reform law COOTAD., article 58 of the law organic of the system national of government procurement, and other standards. Although the expropriation is a Faculty of the State, many times has gone wrong use of this prerogative, which has directly affected private property, to violate the right to property determined in article 321 of the Constitution of the Republic. Therefore, as the obligation of the State to promote l...