La responsabilidad patrimonial de la Administración hidráulica en el supuesto de inundaciones.

Authors

  • JOSÉ FRANCISCO FERNÁNDEZ GARCÍA

Keywords:

patrimonial responsibility, water law, hydraulic management.

Abstract

Damages caused by heavy floods and torrential rains are common cause of patrimonial responsibility on the Hydraulic Administration that, in addition is itself forced to serve a growing number of requests for aid, or action, other public administrations or themselves individuals make to it at the risk of possible floods. The present work analyzes the dense and vacillating jurisprudence arisen in this matter and with it the structural elements or basic requirements for operating this liability. The scope of the duty of conservation of channels that hangs over the basin organizations, the obligations of the coastal flood plains, or the incidence of the intervention of the concessionaires in operations of desembalse or the hydraulic infrastructure execution are among the issues addressed in this study, which aims to provide an overview and new elements of reflection on this matter.

Published

2010-09-07

Issue

Section

CASE LAW