State- and municipality liability for damages incurred by non-maintained and non-cleaned roads  Cover Image
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Отговорност на държавата и общините за вреди, причинени от неподдържана и непочистена пътна мрежа
State- and municipality liability for damages incurred by non-maintained and non-cleaned roads

Author(s): Ivan Georgiev
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: DISCUSSIONS // The article analyzes the disputable issues of injury which results from non-maintained state- and municipal roads. Court practice still evades offering a clear answer whether the injury was caused by means of/due to “administrative activity”. The author analyses the existing controversial practice to take the view that road maintenance and road cleaning is part of the “administrative activity”. The conclusion is made on the ground of the analysis of terms, such as “administrative activity” and “executive authority activity”. In addition the article discusses the relationship between state and municipality and the remaining legal persons concerned with road network management. The article also focuses upon the specific status of public property, be it the property of the state or the municipality.

  • Issue Year: LI/2010
  • Issue No: 3
  • Page Range: 80-90
  • Page Count: 11
  • Language: Bulgarian