LA OBJETIVACIÓN DE LA RESPONSABILIDAD PATRIMONIAL DE LAS ADMINISTRACIONES: ACOSO ESCOLAR, CAUSA ADECUADA Y DAÑO MORAL EN CENTROS DOCENTES.

Abstract

From the initial system of liability (founded on the attendance of damage and infraction of civil law), both legislation and case-law have pulled away, leaning instead toward an objective foundation for the obligation to provide compensation. This type of objective civil liability is based also on the attendance of damage, albeit damage caused without fault and with or without the intention to do harm. Even so, the necessary concourse of the nexus between the damage and the public service or action where the injury or harm was done remains an inexcusable prerequisite. In order to trace out this causal relationship, case-law has created and casuistically applied various criteria, such as what is called «adequate (or efficient) causality», where the condition is irrelevant if there is an extraordinary chain of circumstances. The author applies these lines to the case of student harassment in public schools and reviews the applicability of the system whereby the public administration is held financially liable, a system whose basic lines rest on civil principles.