Insufficient legal regulation of the patrimonial liability regime of the public administration in Nicaragua: a pillar under construction

Authors

  • Odair Marcelo Morales Márquez investigador independiente

DOI:

https://doi.org/10.5377/derecho.v0i29.10619

Keywords:

Administrative Law, Public Administration, patrimonial responsibility, liability regimes, repair

Abstract

Individuals have the right to be compensated by the Public Administration when their rights, assets and interests are injured by administrative activity, this is known as the principle of patrimonial responsibility. The present work deals with the regime of patrimonial responsibility of the Public Administration in Nicaragua and the need for a modern legal regulation that aims to incorporate technical aspects such as the notion of the operation of public services, the requirements of the injury, the type of system and the imputation titles to allow the effective implementation of a system of responsibility until now inactive. This article seeks to provide legal proposals, based on the doctrine and Comparative Law of countries such as Spain and Mexico, which are capable of filling the existing substantive and procedural gaps in the area of property liability in the Nicaraguan administrative legal system, so that the Legal certainty and the asset. guarantee of the individuals can be reinforced.

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Published

2020-12-17

How to Cite

Morales Márquez, O. M. (2020). Insufficient legal regulation of the patrimonial liability regime of the public administration in Nicaragua: a pillar under construction. Revista De Derecho, (29), 27–50. https://doi.org/10.5377/derecho.v0i29.10619

Issue

Section

Articles