Análisis a la responsabilidad extracontractual del estado por falla del servicio

Abstract

The basic principle of the law anyone who causes damage to another, has the obligation to repair it, translates into responsibility. The administrative responsibility stipulated in Article 90 of the Political Constitution covers both contractual and extracontractual liability of the State. There, the three determining requirements are also indicated: the unlawful damage, the action or omission of the agent, and the causal link between them. However, such responsibility can be exonerated through the causes that jurisprudence and doctrine have been commissioned to substantiate; in them is the fact of a third party. The essential thing in this case, as stated by the Council of State, is that this third party, external to the state activity, breaks the causal link between the action or omission of the State and the damage, in such a way that its intervention is decisive in the result. However, in view of the duty to protect the State, it is necessary to clarify the situation when it is sought to attribute responsibility to the State for terrorist acts.