La expropiación por causa de utilidad pública vulnera al derecho a la propiedad.

Abstract

The purpose of this paper is to critique the expropriation process within Ecuadorian legislation, particularly in response to the recent normative reform that eliminates the expropriation trial. It will primarily analyze the expropriation process and the previously established expropriation trial to discern the disparities between the two, ultimately concluding whether the trial's reinstatement is necessary. To fulfill this study's objective, relevant local and foreign regulations pertinent to the case will be examined, alongside pertinent doctrine, serving as supportive mechanisms to substantiate the main argument. The paper will conclude by determining whether there is a violation of property rights within the expropriation process for public utility purposes, and will provide a series of recommendations and proposals aimed at improving the system.