Description
OBJECTIVE ASSET LIABILITY FOR FALLS ON PUBLIC ROADS (CERTAINTY OF
Book Summary
This work offers a critical and practical analysis of the asset liability of Public Administrations, focusing on the right of citizens to be compensated for damages suffered in falls on public roads due to deficiencies in their maintenance. The author unveils the paradox between an imprecise rule and its judicial application, which often leaves the litigant frustrated. More than a theoretical manual, the book is presented as a useful tool for legal practitioners and citizens, denouncing the incoherence of a law that, being impassable, contradicts the right it purports to guarantee.
What is it about?
The book examines in depth the objective asset liability of Administrations, focusing on a specific scenario: falls on public roads. Based on current regulations, the author analyzes how the theoretical right to be compensated for injuries derived from the poor state of the streets clashes with judicial reality. The ambiguity of the law regulating this matter is studied, which generates legal uncertainty and forces the courts to "modulate" it, often by not applying it. The work denounces this legal fallacy, where the claim of guaranteeing passable streets is supported by an impassable law, and proposes a regulatory modification to restore the balance between legal certainty and applicative justice.
Main themes
- Objective asset liability of the Public Administration.
- Claiming compensation for falls on public roads.
- Critical analysis of regulations on the conservation and maintenance of public roads.
- Legal uncertainty and judicial application of the law in cases of asset liability.
- Legislative reform proposal to clarify and make effective the right to compensation.
Who is it recommended for?
It is aimed at lawyers specializing in administrative law, public officials, legal practitioners in the contentious-administrative field, as well as citizens who have suffered falls on public roads and wish to understand their rights and the ways to claim. It is also of interest to students and academics of public law who seek a critical and applied analysis of asset liability.
What this book contributes
- A practical and critical guide to understand and address claims for falls on public roads.
- A detailed analysis of jurisprudence and the real application of regulations, beyond theory.
- Tools to identify legal deficiencies that hinder obtaining compensation.
- A well-founded proposal for the reform of asset liability regulation.
Technical specifications
- Author: YABEN PERAL, MIGUEL
- Publisher: J.M.BOSCH
- Language: Spanish
- Topic: CONSTITUTIONAL AND ADMINISTRATIVE LAW, LOCAL GOVERNMENT
- Collection: ADMINISTRATIVE LAW
- Edition date: December 2025
- Number of pages: 248
- Weight: 400 g
Editorial assessment
This is a necessary work that addresses with rigor and a critical spirit an issue of great practical relevance: the difficulty citizens face in obtaining compensation for damages on public roads. The author combines his experience as a lawyer and former municipal legal counsel to offer an analysis that goes beyond the letter of the law, exposing the contradictions of the system and proposing solutions. It is a valuable book both for professionals who litigate in this field and for anyone interested in understanding the paradoxes of administrative law and applicative justice.