CUESTIONES SOBRE LA RESPONSABILIDAD PATRIMONIAL Y EL SERVICIO DE ATENCIÓN RESIDENCIAL SUMINISTRADO EN RÉGIMEN PÚBLICO Y EN RÉGIMEN DE CONCESIÓN: VIS ATRACTIVA DEL ORDEN CONTENCIOSO VERSUS VIS RESIDUAL DE LA JURISDICCIÓN CIVIL.

Abstract

Claims for compensation for damages incurred in a privately owned home for the elderly must be filed in the civil jurisdiction. There the claimant must state the principles applicable to the case in the civil jurisdiction, taking account of its subjective configuration. Under section 1,903 of the Civil Code, the entity listed as the owner of the centre or alternative housing facility will be the defendant, whether that entity is an individual or a legal person, and whether the facility is run on a for-profit or a not-for-profit basis. The procedure applicable to personal liability is different if the service is provided by a public entity; the complaint will then be aired under administrative rules and, if it comes to judicial action, it will be heard in an administrative law court, and the contractual or extra-contractual nature of the underlying relationship will not be examined. Even so, if the injurious event occurred on the premises of a contractor under one of the management schemes addressed in Royal Legislative Decree 3/2011 of 14 November approving the revised Public Sector Contract Act, there is the issue of the contractor's objective liability. Legal thought and case law espouse a wide variety of contradictory lines concerning competence and the person that must shoulder the duty to pay damages. When the injurious event can be attributed to a contractor under a management scheme for, for example, a publicly supported private centre, action may be taken under both civil and administrative law.