La expropiación : falta de legitimidad activa de la administración pública central y seccional.

Abstract

The purpose of this investigation is to analyze whether Ecuadorian legislation gives active legitimacy to public institutions to start expropriation lawsuits in order to obtain immediate control and ownership of the expropriated asset. The case studies that have been analyzed in this paper show a serious difficulty for the central public administration as well as the sectional one facing this expropriation cases limiting themselves to its capacity to expropriate public assets to its own benefit since the legislation does not grant the state to start judicial processes. The main objective of this paper is to solve this problem by presenting a reform project to the Organic Law of the National Procurement System, which, in addition to granting active legitimacy to the public administration, would also return said powers to Civil Judges in order to accelerate processes while respecting constitutional guarantees. The methodology to be used in this paper will be the legal system and the analysis of legal precedents, in order to once again grant the active legitimacy to start expropriation lawsuits and to be able to occupy and legalize the expropriated assets or properties.