La responsabilidad de la Administración por daños derivados de fenómenos naturales: especial referencia al riesgo de inundación

When nature roars, it is difficult to prevent damage caused by its rage, which might even become catastrophic. Nevertheless, technology provides opportunities to detect natural hazards in order to reduce or avoid the risks whenever possible and overcome the impact. Traditionally, natural phenomena o...

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Bibliographic Details
Main Author: Conde Antequera, Jesús
Format: Article
Language:Spanish
Published: 2015
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5444229
Source:Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 45-46, 2015, pags. 67-100
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Summary: When nature roars, it is difficult to prevent damage caused by its rage, which might even become catastrophic. Nevertheless, technology provides opportunities to detect natural hazards in order to reduce or avoid the risks whenever possible and overcome the impact. Traditionally, natural phenomena of any entity have been identified as «force majeure» which has been understood as a ground for exclusion of liability. In this work we want to approach the consideration of the force majeure as an indeterminate legal notion open to technical determination and the assessment of cases of Administration liablility for damages caused in areas prone to natural hazards when it may be required an action or policy designed to avoid them