Sobre el carácter objetivo de la responsabilidad patrimonial administrativa. Antijuridicidad y atención al tipo de funcionamiento administrativo

Authors

  • María Astrid Muñoz Guijosa

Keywords:

Strict liability, unlawful damage, administrative functioning

Abstract

Strict liability in administrative tort claims has been construed with complete disregard for the public services functioning, whether regular or irregular. In doing so, the causal link has gained a major role as a must-meet condition in order to confer a right of reparation. Such an interpretation, which is not a mandatory outcome of the current legal framework, has led to unsatisfactory consecuences. Moreover, it clashes with a well settled case law which tries to inquire into the functioning of the public services as a source of the unlawful damage. This case law seems to be based on a different notion of strict liability, identified by reference to the injured party, allowing thereby consideration of subjective factors.

Issue

Section

STUDIES