El injusto precio en las expropiaciones en el Ecuador.

Abstract

The objective of this degree work is to demonstrate that the compensation received by the passive subject in the expropriation processes, does not truly respond to the criteria of fair valuation, compensation and payment established in the Constitution of Ecuador, nor does it truly correspond to a supposed fair price referred to in the Organic Law of the National Public Procurement System, This is due to the fact that the mentioned law, which is currently in charge of regulating this matter, is not very flexible at the moment of establishing the parameters on the basis of which said fair price will be calculated, since only what is recorded as documentation in the records of the corresponding appraisal office will be taken into account for this purpose. Since this is the only parameter to be taken into account, the so-called fair price to be received by the expropriated is incongruent with the parameters of justice established in our Constitution, since there is no current valuation of the conditions in which the property is found, and it is detrimental to the interests of the expropriated party that a valuation of documents appraisals is made that very possibly are not in accordance with the current and real situation of the property, since such valuation will hardly be fair if it takes into account documents that are not updated, which also violates in a certain way the right of property of the individual and the guarantees established in our Constitution of the Republic as supreme law.