Análisis de la falta de pago del justo precio en las expropiaciones realizadas por el gobierno autónomo descentralizado del Cantón Cuenca

Abstract

In the following research a study of the non-payment of fair prices in the expropriations done by the Decentralized Autonomous Government of the Cuenca canton has been made. Doctrinal concepts that will serve as a basis for the development of this study will be addressed; the change in the conception of fair price as a result of regulatory variations in the Ecuadorian law system, property rights as a constitutional entitlement and their guarantees under the constitutional State of rights and justice; carrying on an analysis of the expropriation procedure established by law with a vision of unraveling the circumstances in which the violation of the property rights was committed by applying the currently applicable regulations, which ignore the essential concept of a fair price; the change in its nature and consequences with the legislation currently in effect as compared to the repealed one, Also, practical cases will be explained and discussed in administrative procedures for declaring public utility in relation to establishing the fair price, regarding the conflict caused between the public administration and the administered, in particular with reference to the payment of this price, which must be reasonable in terms of the law, the doctrine and the jurisprudence.