Master'sOpen Access

The financial liability arising from military administrative act

2009
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Advisor: Doç. Dr. Oğuz Sancakdar

Abstract (EN)

The obligation for Administration to indemnify damages arising from its decions and acts is required by the principle of rule of law. This rule adopted as a constitutional principle was developed with doctrine and case-law; and today, in addition to fault-based liability, Liability without fault also forms the subject of actions for compensation. We see that theories which extend the responsibility area of administration are applied, particularly in civil actions related to damages arising from military administrative acts.In this study, the financial liability arising from military administrative act was examined in three parts :In the first chapter, fault-based liability and liability without fault of administration were analyzed; and subsequently examples from case-law regarding these matters were submitted.In the second chapter, the concept of ?military administrative act? was tried to explain, in line with decisions of High Military Administrative Court and The Court Of Jurisdictional Conflicts. Furthermore, administrative acts Turkish Armed Forces perform as military service were classified.In the third chapter, together with an overview about material compensation and moral indemnity, the procedure High Military Administrative Court adopted in computing the amount of compensation was emphasized.

Author

Dr. Bedriye Şenol Ispartalı

How to Cite

Bedriye Şenol Ispartalı (Master Thesis). The financial liability arising from military administrative act, 2009, Dokuz Eylül University.

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