El comienzo del plazo para reclamar los daños causados por la Administración: el tópico de la actio nata

Authors

  • Tomás Cano Campos Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/rap.210.07

Keywords:

Public Administration liability, prescription, claim for compensation, dies a quo, actio nata.

Abstract

The criteria for determining the beginning of the dies a quo for the Public Administration’s liability appears to be a minor issue, but it has an enormous practical relevance and is essential to properly organize the legal regime of prescription. This legal article tries to emphasize the importance of this subject, also to replace the marginal attention that until now has been object and to offer solutions to some of the problems that its current legal regime has. In order to do so, the rules contained in the LPAC and the legal doctrine of actio nata that seems to inform all of them are analyzed in some detail, their technical legal deficiencies are highlighted and it proposes the need to establish a clear regulation that adopts the subjective approach or knowledge of the facts that support the claim for compensation and the responsible subject.

Published

2019-12-31