La reclamación por daños urbanísticos entre Administraciones públicas
The annulment of a general urban plan may be due to several causes, including the negligent action of a public administration or body, different from the one that has promoted the approval of that instrument. Based on the review of the applicable judicial doctrine, this article analyses the mechanis...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8189110 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 216, 2021, pags. 293-321 |
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| Summary: |
The annulment of a general urban plan may be due to several causes, including the negligent action of a public administration or body, different from the one that has promoted the approval of that instrument. Based on the review of the applicable judicial doctrine, this article analyses the mechanisms for obtaining compensation for damage caused by this reason and, in particular, the possibility that a public administration may bring an action for patrimonial liability against another public administration in the field of urban planning. It is also examined to what extent the theory of actio nata can be modulated in these cases and how the substantive requirements met in order for the claim for compensation to be recognized. To that end, it addresses how the lack of motivation of an agreement can lead to an anti-juridical damage; what possible titles of imputation can concur in these cases, beyond the exercise of urban planning power itself; or how the link between the action and the patrimonial damage suffered can be kept alive when the annulment of a plan is due to external supervening causes. |
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