Implementación del procedimiento sobre el precio justo en los bienes sujetos a expropiación por motivos de realización de obra pública

Abstract

Abstract: This research had as main objective to analyze through a doctrinal legal study on the rights of the owner in the expropriation trials and their compensation, and to implement an effective and fair procedure that could determine the price of the expropriated assets for works and thus guarantee a fair remuneration, and also increase social acceptance and accelerate the implementation of infrastructure projects. The central unit of this analysis was mainly legal research in the field of the right of property and expropriation, that is, everything about the regulations of expropriated property and reasonable prices. A comparative right was made between neighboring countries in order to determine if the procedure is the same or has variations. In this research, the analytical-synthetic method was implemented, the same one that helped us in the analysis That helped us to break down the topic into small components to better understand each of them individually. The techniques were the same interview that was conducted with lawyers in free practice who had links to expropriation processes, which allowed us to reach the conclusion that the current process of expropriation of Ecuador that is implemented in the COGEP is neither clear nor precise and does not itself support a legal framework that helps the expropriated to have a fair procedure and with compensation that meets expectations and which they do not have to conform to the lack of a procedure of endorsement.