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Liability of a state for a legislative loss : The concept, meaning and solution design

Publication at Faculty of Law |
2012

Abstract

Author deals with very fundamental but insofar unresolved problem, whether a state has liability for a loss caused by its legislative acts and under which conditions and to what extent. Based on the development of the liability of public sector during last 50 years - from an absolute immunity to a strict liability - author concludes that a state should be found liable even for a loss caused by its legislative acts.

This liability should be based on a fault (negligence).