Abstract

SANTIAGO YLARRI, Juan. The liability of the State in Argentina and the scope of reparation for its lawful activity. Rev. Derecho Estado [online]. 2016, n.36, pp.331-359. ISSN 0122-9893.

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.

Keywords : Action to establish liability; damages; equality before the law; personal property; judicial review.

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