Presunción de culpa. La deducción de negligencia en la responsabilidad patrimonial de la Administración
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, despit...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5776485 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 201, 2016, pags. 373-411 |
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| Summary: |
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. |
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