Reparation of Damages Related to Singular Administrative Acts. Open Questions in Jurisprudence

Abstract

In civil law, there is a concept of ‘official liability’ or ‘state liability’. It is characterised by the fact that the injured party does not claim damages from the official, but from the public body related, which can take recourse against the official. On the basis of the case law of the Apostolic Signatura, the author examines whether there exists any comparable regulation in canon law. It is beyond doubt that liability for singular administrative acts is recognised. However, due to the characteristics of canon law, it is primarily the office-holder who is liable; only under certain circumstances it can be the juridic person. Finally, the author places the results in the larger context of corrective justice.