State patrimonial liability: foundations, evolution and contemporary challenges
The objective of this study was to analyze the foundations, evolution and contemporary challenges of State patrimonial liability as a legal mechanism aimed at guaranteeing the protection of citizens’ rights against administrative actions. The research was conducted using a qualitative approach throu...
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| Formato: | Artículo |
| Lenguaje: | inglés |
| Publicado: |
2025
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=10883897 |
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| Sumario: | The objective of this study was to analyze the foundations, evolution and contemporary challenges of State patrimonial liability as a legal mechanism aimed at guaranteeing the protection of citizens’ rights against administrative actions. The research was conducted using a qualitative approach through doctrinal, normative and jurisprudential analysis with a descriptive, explanatory and comparative scope. Information was collected through a bibliographic review of scientific articles, specialized books and legal documents indexed in databases such as Scopus, Web of Science and SciELO. The results showed that State patrimonial liability evolved from traditional models of State irresponsibility toward legal systems based on unlawful damage, full reparation and the effective protection of fundamental rights. Likewise, it was identified that the main constitutive elements of State liability correspond to imputable administrative conduct, the existence of certain damage and the causal relationship. Finally, it was concluded that contemporary challenges are related to the need to balance the protection of citizens’ rights with administrative efficiency, legal certainty and institutional sustainability, in accordance with international standards on human rights and full reparation |
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