This article, which departs from majority doctrine, demonstrates the disadvantages of applying the recovery action in Colombia and Spain, for the recovery of monies paid by the State for damages caused by the serious fault or fraud of its agents. This is demonstrated through the development of repeated legal cases in both these jurisdictions. This article presents five arguments in favor and five against these recovery actions, and each of its advantages and disadvantages is evaluated. The conclusion is that other remedies in law which may be applicable ought to be considered and that no further time ought to be spent in seeking to strengthen the recovery action remedy.
|Translated title of the contribution
|The recovery action: reflections on the advantages and disadvantages of its implementation in Spain and Colombia
|Number of pages
|Revista General de Derecho Público Comparado
|Published - Jul 27 2020