LAS BASES DE LA RESPONSABILIDAD DEL ESTADO

Abstract

Articles 1764 to 1766 of the CCC and Act 26944 of Patrimonial Responsibility of the State are a turning point for the Argentine public law. They mark the transition from a basic regime jurisprudential, essentially dispersed and variable, to a systematic legal ordering scheme. This definitively rules out the proclaimed possibility of privatizing public law. the plexus current legislation, however, is not a starting point. Its foundations were wrought by the jurisprudence of the high court during the last three decades of de jure governments. However, the existing regulatory system neither can it be considered a point of arrival or a breaking point. It is a link, a piece —necessary, although incomplete— in the transit from the administrative law of the formal State of law to that of the State constitutional social law. This article lays out the foundations dogmatic and jurisprudential that inform the act.