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Occupational risk principle within the scope of strict liability of administration

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2021
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Abstract (EN)

This thesis discussing the occupational risk principle, which is one of the principles on which the strict liability of administration is based, is intended to give an outline of the occupational risk principle. Therefore, what we aim in this thesis basically is to indicate the origination, definition, basis and scope of the occupational risk principle; to scrutinize the conditions to the liability of the administration within scope of the occupational risk principle as well as the cases affecting the liability and to address the issues relevant to the occupational risk principle. Following an appropriate overall examination of the concept of the liability of administration, its origination, the principles on which it is based as well as the principles of defect liability and strict liability, the occupational risk principle is reviewed in terms of its status in the legal legislation, doctrine and judicial precedent; the principle is compared to the other strict liability principles and the liability of the administration is assessed within the framework of the occupational risk principle. It is found out in our thesis that the principle of occupational risk is seldom resorted as a concept in the judicial precedent, which follows that this situation has a negative effect on the development of the principle. The regulations regarding the occupational risk principle in the legal legislation are probed into the relevant situations about the occupational risk principle are examined closer. It is thus concluded that occupational risk principle can fully be comprehended only if and when the concept of the liability of administration, the origination of the liability of administration and the occupational risk principle are clearly understood and when the principle of occupational risk is included solidly in the judicial precedents. Keywords: Liability of administration, occupational risk principle, risk principle, strict liability.

Author

Gamze Oflaz

How to Cite

Gamze Oflaz (Master Thesis). Occupational risk principle within the scope of strict liability of administration, 2021, Ankara Yıldırım Beyazıt University.

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