Resumo

SANDOVAL PENA, Víctor Andrés. The Mitigation of Prejudice in Extracontractual State Liability. Rev. Derecho [online]. 2021, n.55, pp.123-147.  Epub 18-Jan-2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.55.346.5.

The purpose of this text it to study the burden of the victim to mitigate the prejudice caused by state Liability. It is intended to stablish if the State Council and the Constitutional Court, whilst deciding cases in which extracontractual state liability is discussed, have used the mitigation of prejudice according to the conceptualization and the characteristics of this figure. The analysis is directed at the cases in which the Courts have made explicit reference to the mitigation of prejudice, and, in some specific cases, without mentioning it, have applied it. Based on this analysis, a position will be adopted on whether the use of this figure by the jurisprudence has been adequate or not.

Palavras-chave : Mitigation of the prejudice; exclusive fact of the victim; concurrent fact of the victim; remediation; burden; legal principle; proportionality.

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