Presunción de culpa. La deducción de negligencia en la responsabilidad patrimonial de la Administración

Authors

  • Felio José Bauzá Martorell

DOI:

https://doi.org/10.18042/cepc/rap.201.15

Keywords:

Liability, presumption of guilt, test assumptions, health responsabilty

Abstract

Despite its seemingly consolidated basis, the liability remains orphan of a general theory, having been built to blow judgment and advisory opinion. In the dialectic on the score responsibility as objective or subjective, the presumption of guilt has gone unnoticed for decades in our country, despite being present and have been admitted in the form of objective responsibility, which at times has confused.
In the following pages deduction of neglect, its genesis in the common law, and its importation to Spain, fi rst in the Civil Chamber of the Supreme Court, and then to the Chamber for Contentious Administrative analyzed.

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION