“New” Property Responsibility Law for Quintana Roo state
By: José Ángel Ezquerra Bonals
This article discloses the legal point of view, regarding the “new” Patrimonial Responsibility Law (from the mexican state of Quintana Roo), which was published on February 21st, 2020 in the Official Gazette of the State of Quintana Roo and which became current Law the year after its promulgation.
The main goal of this law is to establish the responsibility of State and Municipal public entities in the State of Quintana Roo derived from damages which, due to an administrative action of an irregular nature, is caused to the property or rights of the individuals, who will have a right to compensation in accordance with the terms, boundaries and procedures established in this law, so that any damages and losses shall be real and assessable. Indemnity payments are made according to the budgetary availability on the fiscal period of the current year.
Subject to this law are the Legislative, Executive and Judicial Powers of the State of Quintana Roo, as well as autonomous constitutional bodies, institutions, state and municipal public administration entities and any other state or municipal public entity, in accordance with the provisions of article 160 of the Political Constitution of the free and sovereign State of Quintana Roo.
Exceptions are made from the obligation to indemnify in fortuitous and force majeure cases, those which are not a consequence of irregular administrative activity, those that could not have been foreseen, those that derive from public works that could temporarily affect the population, and in which the affected party participates, attends or simulates an act of irregularity with the purpose of improperly proving the Patrimonial Responsibility.
At the request of the claimant, interest due to delay can be paid, which will be calculated according to the letter of this law, plus the Fiscal Code of either the State or the Municipality, as the case may be.
Compensation will be paid in national currency and/or may be paid in kind, the amount will be calculated according to the date on which the injury occurred or ceased, by applying the criteria established by the Civil Code for the free and sovereign state of Quintana Roo, the Expropriation Law of the state of Quintana Roo, the Fiscal Code of the state of Quintana Roo or the Municipal Fiscal Code of the state of Quintana Roo, the Patrimony Law of the State of Quintana Roo and other applicable provisions, taking into consideration commercial or market values.
Compensation amounts will be calculated as follows:
I.- Personal injuries: based on medical opinions, in accordance with the provisions for work risk in the Federal Labor Law and the Social Security Law, when the right to have medical expenses covered applies.
II.- Moral damage: in accordance with the criteria established in the Civil Code of the State of Quintana Roo, and in the absence of provision thereof in the Federal Civil Code, taking into account the expert assessments offered by the claimant, not exceeding the equivalent of three thousand six hundred and fifty times of the daily value of the Current Measurement and Update Unit (UMA).
III.- In case of death: It will be done in accordance with the provisions of the Civil Code of the State of Quintana Roo and in the absence of provision in the latter, in the Federal Civil Code, article 1915.
Article 1915. The reparation of the damage must consist, at the choice of the offended party, in the restoration of the previous situation, when possible, or in the payment of damages.
When the damage is caused to people and produces death, total permanent disability, partial permanent disability, total temporary disability or partial temporary disability, the degree of reparation will be determined according to the provisions of the Federal Labor Law. To calculate the corresponding compensation, four times the highest daily minimum wage in force in the region will be taken as a base and will be extended to the number of days indicated by the Federal Labor Law for each of the aforementioned disabilities. In case of death, the compensation will be awarded to the victim’s heirs.
Credits for compensation when the victim was an employee are non-transferable and will preferably be covered in a single payment, unless otherwise agreed between the parties.
The above provisions will be observed in case of article 2647 of this Code.
The procedure will begin at the request of the interested party before the Court of Administrative Justice of the State of Quintana Roo in administrative litigation, in accordance with the provisions of the Code of Administrative Justice of the State.
The right to claim compensation prescribes in one year, which will be computed from the day after the patrimonial injury had occurred, or from the moment its effects had ceased. When the damage is of a physical or psychological nature, the prescription period will be two years.
Author: José Angel Ezquerra Bonals
B + F