The strict liabilty of the administration and the social evaluation of the strict liability
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2012
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Advisor: Prof. Dr. M. Sami Denker
Abstract (EN)
The strict liability of the administration is studied by taking the current legal state in to consideration and by giving examples from various legal judgments.As a necessity of the state of the law the administration should compensate the loss caused by the activities and processes of the administration. In the last part of the 125th item of constitutional law it says ?the administration is to pay for the damage caused by its own process and activities?. Previously fault condition was required for the administration to compensate the damages encountered; whereas this principle has become insufficient because of industrialization, machinery, and other needs and conditions of time and that is why the strict liability principle has taken place in both national and international law.The subject of the thesis is the definition of the strict liability term, its necessity; its practice is studied through samples from judicial decisions. Since the administrative law is new in our country from time to time international law sources are also benefited from.Since the strict liability of the administration subject is not organized in the regulations it has been benefited from doctrines and decisional resources. As a result of decisional study, it has been found out that there are differences among the view point of taking the administration as responsible, or requirement for the fault to take the administration responsible, or the compensation amount judged against the administration, all found in similar or same incidents. So, after the studies, it has been acquired that there has been no common decision achieved in view of judicial decisions structurally.Key Words: Administration, fault, responsibility, damage.
Author
Düriye Öztürk Besler
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Düriye Öztürk Besler (Master Thesis). The strict liabilty of the administration and the social evaluation of the strict liability, 2012, Kütahya Dumlupınar University.
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