Nuevos perfiles de la responsabilidad del estado y de los funcionarios públicos en el derecho argentino
Argentina has new legislation that produced a substantial change in the area of State Responsibility. The Civil and Commercial Code and the Law of State Responsibility are the pillars on which the new paradigm is based. In the new system, State Responsibility is no longer governed by Private Law, bu...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2017
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6110966 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 10, 2017, pags. 276-343 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Argentina has new legislation that produced a substantial change in the area of State Responsibility. The Civil and Commercial Code and the Law of State Responsibility are the pillars on which the new paradigm is based.
In the new system, State Responsibility is no longer governed by Private Law, but by Administrative Law.
Since Argentina is a federal country and the administrative powers are part of the power not delegated to the National State, there is a mismatch in the regulation generating uncertainty about the applicable law and increases the vulnerability of the damaged subject.
The new system is of dubious constitutionality and means a setback in relation to the previous system that was basically of jurisprudential construction. The unconstitutionality is even more evident when it comes to consumer damages |
|---|