Yüksek LisansAçık Erişim

Liability of the administration for faults due to earthquake within the scope of administrative jurisdiction decisions

2022
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Danışman: Prof. Dr. Süheyla Suzan Gökalp

Özet (EN)

Since the world has existed, earthquake natural disasters have occurred due to fault movements on the earth. Societies who did not know when and where an earthquake would occur in ancient times suffered a lot as a result of natural disasters. However, thanks to the advancing and developing technology and science, although it is not possible to determine exactly how often the earthquake will occur in which regions, it has begun to be predicted at a high rate. The administration, which has many powers in today's societies, should also have information about earthquakes. This issue is directly related to life and property rights. In this framework, the administration, which should consider the life and property rights of individuals and know in which shadows earthquakes will have a devastating effect, has to take the necessary measures for this situation. It will be inevitable that the administration, which does not fulfill these obligations, will be considered responsible in terms of administrative law. The administration, which is accepted to be responsible for its actions and transactions in accordance with the Constitution, should be held responsible for not performing the actions it is obliged to do and should compensate for the damages incurred. The concept of the responsibility of the administration, which is an important title in administrative law, is also concerned with the causal link between the act of the administration and the resulting damage. There are many decisions of the Council of State regarding this issue. When the decisions were examined, compensation was ruled in cases where the administration did not fulfill its actions before the earthquake occurred and caused damage; in the other case, it was decided that there was no force majeure or causal link. In the study, important earthquakes in Turkey, the relevant legislation, authorized public institutions, the responsibility of the administration and the lawsuits and evaluations filed related to this issue are included.

Yazar

Melike Çolakoğlu

Bu Yayına Nasıl Atıf Yapılır

Melike Çolakoğlu (Master Thesis). Liability of the administration for faults due to earthquake within the scope of administrative jurisdiction decisions, 2022, Ankara Hacı Bayram Veli University.

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Ankara Hacı Bayram Veli University tezlerinden daha fazlası