La responsabilidad patrimonial de las Administraciones Públicas por incendios forestales

Authors

  • ANTONIO JOSÉ SÁNCHEZ SÁEZ

Keywords:

administrative non-contractual liability, forest fires, act of God, fire prevention and fighting.

Abstract

In this study we have attempted to construct a general theory of non-contractual liability of the Administrations for damages caused to individuals as a result of abnormal functioning of preventing and extinguishing forest fires works (usually by the Autonomous Communities). We have consulted the legal doctrine of the State Council and the Autonomic Advisory Councils, case law and academic literature, trying to induce the field goal that would be viable for the recognition of such liability. While the compensation arising from the normal operation of Public Bodies engaged in these tasks generally is usually recognized, the liability for abnormal operation has been limited, sometimes unfairly, only to egregious cases. In this latter point we try to advance a more progressive view. Special emphasis is placed on the concepts of force majeure (Act of God) and unlawful damages so far.

Published

2009-09-08

Issue

Section

STUDIES