Abstract

HARRIS MOYA, Pedro. In favor of a constitutional recognition of liability for lawful acts in Chilean law. rev.ces derecho [online]. 2021, vol.12, n.2, pp.190-209.  Epub Feb 22, 2022. ISSN 2145-7719.  https://doi.org/10.21615/cesder.6398.

With exceptions, current case law has been reluctant to repair damages caused by lawful acts in Chilean law. Due to the fact that this position has been justified on the basis of the absence of express provisions in the 1980 Constitution, and a reinterpretation of its indirectly applicable norms, the constitutional change process in Chile offers an opportunity to facilitate the application of this regime, thus overcoming certain limitations on the liability of the State that move away from solutions that influence Chilean administrative law.

Keywords : liability; public liability; lawful acts; public charges; expropriation.

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