Yüksek LisansAçık Erişim

Faultless liability of administration and risk principle

2008
0 görüntülenme
0 i̇ndirme
Danışman: Yrd. Doç. Dr. Kerim Çınar

Özet (EN)

It is stated as an Constitutional principle for administration to redress its damages due to administrative acts and actions to fulfill public services. But, there are no general regulations and principles regulated by law related to accountability of administration. This legal loophole is removed by the court decisions by using the 125'th article of Turkish Constitution. Because of absence of specification for the principles of liability, different decisions can be observed according to the nuance of each case in the court decisions, and thus the subject becomes more complicated to systematize.The notion of responsibility of administration evolved during history. Until the end of 19'th century, an unaccountable administration comprehension was common in all over the world. It was after the end of the century that this comprehension replaced by the apprehension of liable administration for its acts and actions. Today, it is generally accepted that the government is liable in tort without considering whether it is willful of unintentional. Furthermore, today even there is no causal connection between damage and administration, it is acknowledged that some damages stem from social events, must be compensated by administration. This subject is entitled as social risk and this principle is taking common place.

Yazar

Dr. Oğuz Özkarslı

Bu Yayına Nasıl Atıf Yapılır

Oğuz Özkarslı (Master Thesis). Faultless liability of administration and risk principle, 2008, Afyon Kocatepe University.

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