Exemption Conditions of Liability in the Law on General Administrative Procedure and its Incidence in the Environmental Legislation

Abstract

On the occasion of the recent legislative changes contained in the Ordered Text of law 27444, Law on General Administrative Procedure, the legal nature of the most recent exemptions of administrative liability is analyzed. Likewise, a count is made of the exemptions that already existed in the environmental legislation and how they had been operating; in order to see the points of contact between a subjective liability regime, based on guilt, and a relative, risk-based objective liability system.

Keywords

• eximentes de responsabilidad
• responsabilidad objetiva
• responsabilidad subjetiva
• subsanación voluntaria
• caso fortuito
• fuerza mayor
• hecho determinante de tercero
• fiscalización ambiental