La responsabilidad extracontractual del Estado: ¿Camino a una reglamentación del artículo 90° constitucional? Thesis

short description

  • Master's thesis

Thesis author

  • Gutiérrez González, Juan David

abstract

  • The Extracontractual Responsibility of the State, a broad topic and about which throughout history a lot has been written due to its transcendence and importance both in society and in the legal system, which, as will be evidenced in this work, said topic has developed mostly under a praetorian system, that is, under the resolution of cases by the competent judicial authorities, so the jurisprudence that we conceive as an auxiliary criterion for the interpretation of the law, is now a fundamental pillar to understand the development and way in which the State responds financially for the damages it has caused and that are attributable to it. In the course of this research work, the intricate dimension of the State's patrimonial responsibility will be addressed. This comprehensive analysis will draw on both doctrinal perspectives and jurisprudence, supported by a normative basis that will cover all relevant areas. The objective is to provide the reader with an overview of how non-contractual liability is conceived today. This approach is developed from its evolution in the legal and social fields, highlighting the concerns and context surrounding this regulatory issue. Likewise, existing perceptions and projections in relation to this area will be explored, giving rise to the drafting of this legal text. The purpose is to share a perspective that has been addressed relatively rarely by the academic community and jurists who, in the exercise of their functions, delve into the analysis of state responsibility. In response to this question, this work then presents a new formula to analyze the responsibility of the State. This formula establishes all the criteria adopted by jurisprudence and raises them to the level of a law, so all the concepts studied over the years are strengthened by being incorporated into a regulatory.

publication date

  • February 16, 2024 9:14 PM

keywords

Document Id

  • 09f17af3-b36b-48f8-8d6e-ddf1f985d321