El nexo causal : problemática en cuanto a la determinación de la teoría que subyace a la previsión normativa con la que el COA configura la responsabilidad extra-contractual del Estado.

Abstract

Ecuadorian legislative efforts in the last years has brought with it the expedition of many laws that were created in order to end the messy conditions of the way we used to issue many of them. Rules of different subjects of Law have appeared in recent years, in procedure, penal, trademarks, intellectual property and many other. On July 7, 2018 the Organic Administrative Code came into force, which was issued on July 7, 2017; and, the Ecuadorian legal scaffolding has found a unifying norm in a matter that, until now, had as its main characteristic, the being of dispersed norms. This norm has brought with it the structuring of the procedure of administrative claims, the simplification of procedures and the search for full coordination between state entities; likewise, it brought with it a detailed regime of the extracontractual responsibility of the State, which will be a subject of study in this academic product. However, this work, will determine the scope of the causal link concept referred to in the Organic Administrative Code to determine the aforementioned responsibility; trying to make clear what is the theory of the causal link that, in light of the doctrinal postulates, informs the new governing norm of the administrative sphere.