Examinando por Materia "Responsabilidad patrimonial"
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Ítem Crítica a la imputación de responsabilidad estatal objetiva por atentados terroristas : análisis del título de imputación de riesgo excepcional a la luz de la actual jurisprudencia contencioso administrativa colombiana(Universidad EAFIT, 2019) Alzate Tobón, Laura Daniela; Ariza Zapata, CarolinaThe rules explaining state liability born from terrorist attacks perpetrated by non-state agents seem to be far from conceptually clear. Although the regime for subjective liability and its application seem to be non-disputed, something different occurs regarding the state’s strict liability by means of “exceptional risk”. Despite the efforts made by the Third Section of the Council of State Plenary in order to depurate the Council’s position regarding this matter, the dissidence among some magistrates in recent decisions has increased the legal uncertainty. However, some steps have been taken to consolidate the concepts and notions that support the application of strict liability linked to terrorist attacks, giving answers and creating new questions as well. That is the case of the ruling of June 4th, 2019, where the Council of State analyzed the exceptional risk regime and its pertinence in this matter. In this scenario, this article aims at explaining briefly the legal foundations built in Colombia to justify state’s strict liability due to terrorist attacks. Furthermore, we will examine critically the most recent rulings by the Council of State that are relevant, whether politically or legally, in this matter. Finally, we will conclude the conditions of application of the strict liability regime due to terrorist attacks and the doubts that remain.Ítem Régimen de responsabilidad aplicable a los daños derivados de ensayos clínicos en Colombia : breves reflexiones y propuestas para su delimitación(Universidad EAFIT, 2022) Castaño Echeverry, Juan Felipe; Villa Henríquez, Ana IsabelIn Latin America, Colombia is one of the countries with the highest numbers of clinical trials being carried out. Despite the importance of the country in the clinical research scenario, there is little regulation that, at the national level, deals with the possible adverse consequences of this activity and the applicable liability regime. This article aims, first of all, to briefly outline the main characteristics of clinical trials, focusing on those that involve the application of molecules or drugs and highlighting the actors who take part in said trials. Subsequently,; Colombian regulations will be critically examined, specifically those referring to liability for damages derived from clinical trials; and a contrast will be made with the regulation of some countries in this matter. Finally, some reflections will be proposed aimed at the coherent structuring of a civil liability regime applicable to damages derived from clinical trials.Ítem Responsabilidad patrimonial del estado por los actos del legislador(Universidad EAFIT, 2006-11-30) Isaza Marín, Lina Marcela; Montoya Cuartas, Liliana; Pérez Restrepo, Bernardita