Master'sOpen Access

The flawless responsibilities of the administration and the social risk principle

2020
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Advisor: Doç. Dr. Mehmet Emin Akgül

Abstract (EN)

In this study, where the flawless responsibilities of the administration and the social risk principle are discussed, first of all, whether the administration is responsible for the damages caused to the individuals by the transactions and actions of the administration during the execution of the public services and the basic principles of its responsibility are discussed. The historical emergence of the flaw liability and flawless liability principles which are the basic principles of the financial responsibility of the administration, their development, the stages they have come to the present and the conditions required for the implementation of these principles have been tried to be explained by giving examples from the judicial decisions. The duties and powers of providing public services and the activities of the administration, which are equipped, are reflected to the material world as administrative or administrative action. Those who are led by the administration's misconduct or defective actions may be harmed, as well as administrative actions or administrative actions that cannot be attributed to the administration, may cause damage to the administrated. As a result of the adoption of the principle of social state, the administration has undertaken more and a wide variety of public services, has made more actions and transactions due to the public services it conducts and has come into contact with individuals more and came across them. This increased the probability of administration to harm individuals numerically. In addition to the principle of the rule of law, the strengthening of the social state understanding has led to some developments in favor of the people who suffer from the responsibility of the administration. should be accepted. The principles and characteristics of the flawless understanding of responsibility need to be put forward in a way that results in equitable consequences for both the sufferers and the administration. Applying the characteristics and principles of flawless responsibility and determining the scope of this responsibility without reaching fair solutions, will lead to unjust consequences for the sufferers and the administration; , to cover any kind of damage to the general insurer or collateral. In this study, in accordance with the risk principle, which is accepted as a kind of perfect responsibility of the administration, the issue of perfect responsibility of the administration is discussed in a broad way and the place, the birth, development, the situations within the responsibility of the administration in general, the principles and characteristics of this type of responsibility and doctrine and in the light of judicial decisions. Keywords: Administrative Law, Faultless Responsibility, Social Risk Principle

Author

Dr. Buse Sakar

How to Cite

Buse Sakar (Master Thesis). The flawless responsibilities of the administration and the social risk principle, 2020, Baskent University.

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