Abstract

VARGAS RUALES, Magda Elizabeth. The principle of legitimate trust as a source of the noncontractual liability of the State: an analysis from the imputation titles. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2023, vol.53, n.138, pp.1-.  Epub May 20, 2023. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v53n138.a10.

This research work studies the defrauding of the principle of legitimate trust in the noncontractual liability of the State, in order to stablish the imputation title that must be applicable when it is sued under the means of direct reparation control, given that the Council of State, in some cases, has framed it within the traditional titles of imputation of liability as a failure of service or special damage; in others cases, and despite the facts are framed within it, it has not even considered the application of that principle as the basis for the declaration of State liability; recently the defrauding of the principle of legitimate confidence has been considered as an autonomous and independent title of imputation. For this reason, this research study analyzes the reasons why said Corporation has given such a dissimilar treatment to this institution from a positivist-analytical methodological approach, and the consequences that derive from it for the protection of the legitimate expectations and states of trust of the administered ones, concluding that this should be understood as included within the special damage title and should not be considered an autonomous title.

Keywords : Defraudi of the principle of legitimate confidence; noncontractual liability of the State; imputation titles; special damage; legal security.

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