Conditions of defective liability of administration

Compensation of damages arising from the actions and policy of the administration is determined as a constitutional principle. Issues such as the responsibility for the administration circumstances, the context and the implementation of the principle of responsibility are not regulated by legislation. Therefore, these gaps that are the subject of responsibility of administration are filled with the jurisprudence of judiciary. In this study that is searched for imperfect states of the liability of the administration, the historical development of the responsibility of the administration and in general sense the states are whether liable or not for the activities of legislature, judiciary and executive bodies of itself are discussed. Gross defects theory is discussed that the areas searched for gross defect are emphasized. The difference of service and personal defect are mentioned that it is focused on aspects of functional defects separated from service defects. The concepts of service failure, characteristics of service defect, and situations that are accepted as service failure are covered. Terms of the responsibility for the administration, factors lessening or eliminating responsibility are considered. In this study, situations of defected responsibility arising from the administrative action and activity that is related to the field of public law are tried to objectify the defective liability of administration in the view of application by using presence of service failure as an essence, taking advantage of the doctrine, and giving examples in judicial decisions. Key Words: Liability, Defective Liability, Personal Failure, Service Failure, Conditions of Service Failure, Damage