La ejecución de una decisión administrativa derivada de una orden judicial, como fuente de daño especial
The Colombian State, in developing of its protective function concedes the individuals the possibility of going to the jurisdiction, seeking compensation for the damages that its own agents have caused, without having the obligation to endure them. When such damages are the result of running a legit...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6857120 |
| Source: | Revista Mario Alario D'Filippo, ISSN 2256-2796, Vol. 10, Nº. 19, 2018, pags. 67-82 |
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| Summary: |
The Colombian State, in developing of its protective function concedes the individuals the possibility of going to the jurisdiction, seeking compensation for the damages that its own agents have caused, without having the obligation to endure them. When such damages are the result of running a legitimate activity of public servants, the affected have the opportunity to exercise a control medium called Direct Repair to demand full compensation for the harm suffered. The damage suffered by an individual when a public servant has developed a legitimate activity, has as source the Administrative Operation. Going to the Administrative jurisdiction having as source of damage an administrative operation, is indifferent to the presumption of legality of the administrative act, because what is sought is the questioning of its execution or enforcement. |
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