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Patrimonial responsibility of the State for the damages produced as a consequence of the governmental measures

Posted on 20/4/2020

Article 32 of Law 40/2015, of the Legal Regime of the Public Sector; determines the right to be compensated by the State for any damages or injuries caused to property and rights due to the normal or abnormal functioning of public services.

However, article 34 provides: "damages arising from events or circumstances that could not have been foreseen or avoided according to the state of knowledge of science or technique existing at the time of production of those will not be compensable "

Therefore, liability may be demanded when there is no force majeure outside the State, for which the following requirements will also need to be proven:

1) The occurrence of a fact attributable to the Administration.
2) The existence of damage
3) The relationship of chance between the fact and the damage

Ajenidad that is clearly recognized in the Organic Law 4/1981, of June 1, of the states of alarm, exception and place that in article 3 second, by establishing: “who as a consequence of the application of the acts and provisions adopted During the validity of these states, they suffer, directly or in person, rights or property, damages or losses for acts that are not attributable to them, they will have the right to be compensated in accordance with the provisions of the laws. ”

In our opinion, there is no doubt that the damages and injuries that are unfortunately being caused may be demanded from the Public Administration as a consequence of the measures that are being adopted.

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