La reversión de la expropiación, como mecanismo de limitación a la facultad expropiatoria estatal

Abstract

Expropriation in Ecuador, supported by the Constitution and specific laws such as the Civil Code and the COTAAD, is a legal process in which the State acquires private property for reasons of public utility or social interest, fairly compensating the affected owners. It also maintains a figure that allows recovering the property if the conditions that motivated the expropriation cease to exist. For this reason, the objective of this research is to analyze the reversion of the expropriation, with the purpose of determining the moments in which the reversion proceeds from a critical and legal point of view that allows proposing the procedure for the right of reversion to operate, as a mechanism of limitation to the state expropriation power. The methodology used comprises a qualitative approach through the use of the analytical method with the use of the comparative method and an explanatory scope of research. This research concludes in the evident lack of details on the regulation of the reversion and its compensation in the legislation, being necessary to establish strategies that give clarity to the procedure, ensuring a more effective, transparent and fair application of the expropriation, respecting the balance between the necessary development and the protection of individual rights.