Acerca de algunas cuestiones que debaten civilistas y administrativistas en torno a la responsabilidad patrimonial del Estado

In Spain, as well in Latin America (and particularly argentina), the matter of state liability has prompted serious debate and disagreements between civil administrative law experts. This paper aims at identifying main topics that divide these scholars (who are linked by an undeniable tradition) and, same time, visit ideas criticize theories author deems erroneous, yet acknowledging —at least within public law— there is a certain unity principles liability,once limiting analysis to field so-called extracontractual (tortious) liability. On understanding, idea «unlawfulness» (antijuridicidad) subject severe criticism, for it considered void meaning thus ineffective; hence proposing Spanish Argentinean legal systems retain classical components shape theory (in area), stressing both doctrine judiciary, instead discussing whether such subjective or objective, ought focus on attribution factors, titles allocation, causes, according current each system, dividing two types (due normal abnormal functioning, model, due legitimate illegitimate activity, one).