La escritura de cesión de derechos de uso y usufructo como alternativa notarial frente a la ineficacia de la expropiación de tierras ancestrales.

Abstract

The Ecuadorian State, as of the approval of the Political Constitution of 2008, calls itself plurinational, which leads to internal regulations to the recognition and development of several rights in favor of indigenous communes, communities, peoples and nationalities, one of them being the right to community or ancestral property, by which said territories enjoy the characteristics of being imprescriptible, inalienable, unattachable and indivisible and exempt from the payment of fees and taxes. This work analyzes the concepts, requirements and procedures established in the different international instruments signed by Ecuador and laws, codes and regulations of Ecuadorian legislation that regulate the signing of the deed of use and usufruct of community lands in favor of the State for the investment in infrastructure and basic services, given the ineffectiveness in the application of the ordinary procedure of declaration of public utility and consequent expropriation, through the application of theoretical methods such as the logical historical and the empirical method of documentary analysis, this in order to substantiate sufficiently a proposal to reform the Notarial Law and the Regulation of the Comprehensive Notarial System of the Judicial Function, in the sense that it is possible to determine the explicit exemption from the collection of the fee for the formalization of the deeds of use and usufruct of community or ancestral lands when the State or a of its entities or institutions in order to invest in infrastructure is the usufructuary.