Liability of public administration when it acts through private subjects. Special reference to contractors and concessionaires

Abstract

When public administrations acts through private subjects, the liability that is configurable on it presents several peculiarities. The present work tries to answer to questions that people in this cases, who is the responsible subject, where should the claim/appeal be submitted, what is the procedure to process it, and the different possibilities that can choose once the procedure is finished or the time limit to resolve it. In the judicial field, this paper deals with different questions that continue to produce doubts: role of the contractor, concessionaire and insurer in the procedure, the prescription of the action, or the execution of sentences that condemn a private subject.

Keywords:

Liability, Public Administration, private subjects, contractors, concessionaires, insurer, administrative procedure, jurisdictional competence