State responsibility law 26.944 assumptions State responsibility. Sanctioned: 2 July, 2014 fact promulgated: August 7, 2014 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 ° - this law governs the liability of the State for the damage that his activity or inactivity produce you to the property or rights of persons. The responsibility of the State is objective and straightforward. The provisions of the Civil Code are applicable to the responsibility of the State direct neither subsidiary way. The dissuasive pecuniary sanction is inadmissible against the State, its agents and officials.
Article 2° - disclaims liability to the State in the following cases: a) for damages arising from acts of God or force majeure, except that they are assumed by the State expressly by special law; (b) when damage occurred because the victim or a third party by which the State should not respond.
Article 3° - are requirements of the responsibility of the State by activity and illegitimate inactivity: to) damage certain duly accredited by who invokes it measurable in money; (b) material responsibility of the activity or inactivity to a State body; (c) causal relationship between the activity or inactivity of the body and damage repair is pursued; (d) lack of service consisting of an action or omission irregular on the part of the State; the omission only creates liability when verified failure to comply with a regulatory duty of action express and determined.
Article 4th - State responsibility for legitimate activity requirements are: to) true damage and current, duly accredited by who invokes it measurable in money; (b) material responsibility of the activity to a State body; (c) relationship of direct, immediate, and exclusive causality between the State activity and damage; (d) absence of legal duty to withstand damage; (e) the injured person special sacrifice, differed from the one who suffers the rest of the community, set up by the involvement of an acquired right.
https://www.boletinoficial.gob.ar/pdf/linkQR/dDJzK2RMcjZ5bGhycmZ0RFhoUThyQT09 article 5 ° - the responsibility of the State for legitimate activity is exceptional. In any case applicable repair of profits. The compensation of the responsibility of the State for legitimate activity includes the objective value of the property and damages that are direct and immediate consequence of the activity displayed by the public authority, unless circumstances of personal character, affective values, or hypothetical earnings are taken into account. Damage caused by legitimate judicial activity of the State do not generate any right to compensation.
Article 6 ° - the State should not respond, nor even in subsidiary form, for damages caused by dealers or contractors of the public services to which qualification or entrusts or directs a task State, when the action or omission is attributable to the assigned function.
Article 7 ° - deadline for suing the State in the case of non-contractual liability is three (3) years computed from the verification of the damage or from the action for damages is expedited.
Article 8 ° - the interested can deduce the compensation action together with the nullity of administrative acts of general or individual scope or unconstitutional, or after finalized the process of cancellation or of unconstitutionality which serves as a basis.
Article 9 °-the activity or inactivity of them officials and agents public in the exercise of their functions by not comply but of a way irregular, incurring in blames or dolo, the obligations legal that les are imposed, them makes responsible of them damage that cause. The claim herein against public officials and agents prescribed to three (3) years. The action of repetition of the State against officials or damage-causing agents prescribed to three (3) years of the judgment which established compensation.
ARTICLE 10. -The contractual liability of the State is governed by the provisions of the specific regulations. In the absence of regulation, this law applies supplementary shaped. The provisions of this law will be not applied to the State in its capacity as employer.
ARTICLE 11. -Invite the provinces and the autonomous city of Buenos Aires to adhere to the terms of this Act for the regulation of State responsibility in their respective fields.
ARTICLE 12. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE TWO DAYS OF THE MONTH OF JULY IN THE YEAR TWO THOUSAND FOURTEEN.
-REGISTERED UNDER NO. 26.944 - JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese. -Gerardo Zamora.
Date of publication: 08/08/2014 https://www.boletinoficial.gob.ar/pdf/linkQR/dDJzK2RMcjZ5bGhycmZ0RFhoUThyQT09