Insurance and liability of Public Administration

Identifier:  TFG:616

Handle: https://hdl.handle.net/20.500.11797/TFG616

Authors:  Raja Fuentes, Vanessa

Abstract:
This work analyzes some of the main legal problems raised by the fact that Public Administration ensures its liability with private insurance companies. Taking out liability insurance is a widespread and common practice in many policy areas of the Public Administration. Although there is no obstacle to the possibility that the government may procure insurance, when this type of contract is used, certain disputes that reside in the incompatibility of two policy groups that are not designed to work together on the same legal relationship arise: the regulation of liability of Public Administration and Spanish law of insurance contracts. In particular, the problems arising from the exercise of direct action on the part of the individual affected against the insurance company. It has considerable repercussions into the jurisdictional distribution. In contrast to the option of taking out an insurance contract remains the idea of self-insurance as an alternative to risk management.