Assumptions. Sanctioned: July 2, 2014 Enacted in Fact: August 7, 2014
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
ARTICLE 1-This law governs the responsibility of the State for the damages that its activity or inactivity produces to the goods or rights of the persons. The responsibility of the State is objective and direct. The provisions of the Civil Code are not applicable to the responsibility of the State in a direct or subsidiary manner. The financial penalty is a deterrent against the State, its agents and officials.
Article 2 °-The State is relieved of responsibility in the following cases: (a) For damages arising from fortuitous cases or force majeure, unless they are assumed by the State expressly by special law; (b) When the damage occurred for the fact of the victim or a third party for whom the State must not respond.
Article 3-They are requirements of the responsibility of the State for activity and unlawful inactivity: a) A certain duly accredited by the person who invokes it and measurable in money; b) Imputability material of the activity or inactivity to an organ (c) a proper causal link between the activity or inactivity of the organ and the damage whose repair is pursued; (d) Lack of service consisting of an irregular action or omission by the State; the omission only generates responsibility when verifying the non-compliance with a regulatory duty of express and determined action.
Article 4-These are requirements of the State's liability for legitimate activity: (a) A certain and current Dano, duly accredited by the person who invokes it and measurably in money; (b) Material material of the activity to a State body; (c) direct, immediate and exclusive causality between state activity and damage; (d) absence of a legal duty to bear the damage; (e) Special sacrifice in the damaged person, differentiated from the person suffering from the rest of the community, configured by the the effect of an acquired right.
ARTICLE 5-The responsibility of the State for legitimate activity is exceptional. In no case does the repair of the loss of profit come. The compensation for the responsibility of the State for legitimate activity includes the objective value of the good and the damages which are the direct and immediate consequence of the activity deployed by the public authority, without being taken into account circumstances of a personal nature, affective values or hypothetical earnings. Damages caused by the legitimate judicial activity of the State do not generate the right to compensation.
ARTICLE 6-The State must not respond, or even in a subsidiary form, to the damages caused by the concessionaires or contractors of the public services to which they are assigned or entrusts a state mission, when the action or This is the responsibility of the Commission.
ARTICLE 7 °-The deadline to sue the State in the case of non-contractual liability is three (3) years computed from the verification of the damage or since the action of damages is issued.
Article 8 °-The person concerned may deduct the action indemnification together with the annulment of administrative acts of individual or general scope or that of unconstitutionality, or after the end of the process of annulment or of This is an unconstitutionality that serves as a foundation.
Article 9 °-The activity or inactivity of civil servants and agents in the exercise of their duties for not complying but in an irregular manner, incurring guilt or dole, the legal obligations imposed on them, responsible for the damage they cause. The claim for damages against officials and public servants prescribes at three (3) years. The State's repeat action against officials or agents causing the damage prescribes at three (3) years of the firm judgment that established the compensation.
ARTICLE 10. -The contractual liability of the State is governed by the provisions of the specific rules. In the absence of regulation, this law is applied in an extra way. The provisions of this law shall not be applied to the State in its employer's character.
ARTICLE 11. -Invite the provinces and the Autonomous City of Buenos Aires to adhere to the terms of this law for the regulation of the state responsibility in their respective areas.
ARTICLE 12. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, TWO THOUSAND AND FOURTEEN DAYS OF THE MONTH OF JULY OF THE YEAR.
-REGISTERED UNDER NO 26,944-
JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese. -Gerardo Zamora.
Date of publication: 08/08/2014