Análisis del nexo causal en la responsabilidad extracontractual del estado.

Abstract

For the Administrative Law, it is of vital importance, that is, the particularities of the causal nexus element within the structuring of the Extracontractual responsibility of the State. It develops, then, a basic legal investigation in which priority is given to the systematization of jurisprudence on the breaking of the causal nexus in the processes of extracontractual liability of the State, for which it is necessary to make a literary revision of the Political Constitution of Colombia of 1991, the Law, the jurisprudence of the Constitutional Court and the Council of State; this is because Colombian doctrinal principles in Administrative Law achieve the confirmation of the hypothesis as a result. The criteria that serve as foundations are multiple and varied, which refer to the risk of things or activity, the risk created, the danger and control of the sources of risk, the distribution of risk, the cost ratio of prevention and damage generated, among many others; what must be achieved is the exoneration of responsibility.