The Effective Judicial Protection and the Reparation in cases of Expropriation: The “just compensation” after the State’s delay in the payment of the price.
ABSTRACT. The article analyzes the decision of the Fourth Court of Civil Appeals of Uruguay, issued on March 19, 2014, particularly, with regards to the fair compensation in expropriation cases where there is a State delay in the payment of the price. It studies the reasoning and argumentation appli...
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| Format: | article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/1133 https://hdl.handle.net/10895/7173 |
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| Summary: | ABSTRACT. The article analyzes the decision of the Fourth Court of Civil Appeals of Uruguay, issued on March 19, 2014, particularly, with regards to the fair compensation in expropriation cases where there is a State delay in the payment of the price. It studies the reasoning and argumentation applied by the Court, which start from the constitutional clause applicable to the case and the reception of the interpretation from the Constitutiondoctrine. It analyzes, also, some aspects of the concept of integral reparation and its connection with the effective judicial protection. It focuses on the importance of this judgment for the Uruguayan system, as it has started the resolution of the case from the Constitution, making it a precedent with a high valuation on this subject. |
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