Abstract

LEON OYOSA, Oscar Antonio. Limits to patrimonial liability for moral damage. Cuest. Const. [online]. 2020, n.43, pp.169-197.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15182.

Since 14, 2002, the State’s property liability in Mexico was not only elevated to a constitutional category, but was introduced with an objective and direct character, so, it’s necessary to demonstrate that it has suffered in the legal sphere Which does not have the legal duty to support, without having to previously accredit the illicit action of the public servant who caused the damage, because under this figure the State is directly responsible for the damages caused by its agents. However, the wording of the constitutional text gave the ordinary legislator the imposition of limits on the indemnities derived from the patrimonial responsibility, which the same established in the Federal Law of Asset Liability of the State published on December 31, 2004 in the Official Gazette of The Federation. Precisely these limits will be the subject of analysis in the present, in order to identify whether they are constitutional, or on the contrary depart from the end sought by the Fundamental Standard. Likewise, the wording of the constitutional text in relation to the justifications for the imposition of limits, especially when dealing with moral damages, will be evaluated.

Keywords : asset liability; limits; moral damage.

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