2016Unpublished venueRequires access

The liability of the State in Argentina and the scope of reparation for its lawful activity

Juan Santiago Ylarri, Palabras Clave

Open publisher page 1 citations

Abstract

The paper examines the scope of reparation for damage caused by the State for its lawful activity. First, we study the most important precedents of the Supreme Court on the subject, and we discuss the opinion of the doctrine. Then, we analyze the provisions of the Civil and Commercial Code, and the liability of the State law recently enacted. we conclude that courts, in a particular case, may declare unconstitutional the law of State liability for violating the constitutional right to equality and property.

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What this paper is about

The paper examines the scope of reparation for damage caused by the State for its lawful activity. First, we study the most important precedents of the Supreme Court on the subject, and we discuss the opinion of the doctrine. Then, we analyze the provisions of the Civil and Commercial Code, and the liability of the State law recently enacted. we conclude that courts, in a particular case, may declare unconstitutional the law of State liability for violating the constitutional right to equality and property.

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Available abstract

The paper examines the scope of reparation for damage caused by the State for its lawful activity. First, we study the most important precedents of the Supreme Court on the subject, and we discuss the opinion of the doctrine. Then, we analyze the provisions of the Civil and Commercial Code, and the liability of the State law recently enacted. we conclude that courts, in a particular case, may declare unconstitutional the law of State liability for violating the constitutional right to equality and property.

Key concepts: Scope (computer science), Doctrine, Liability, Law, Supreme court, State (computer science), Political science, Strict liability

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