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Damages for mental anguish in Administrative Justice

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2009
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Abstract (EN)

Damages for mental anguish in administrative justice has been treated in scope of our thesis. Both private law and administrative law has been reviewed within this study. Within the scope of administrative law, also military administrative justice has been considered. Besides the doctrinal view, practice of supreme courts has also been mentioned widely. This thesis is restricted with only the situations regarding the judgements about damages for mental anguish in administrative law. That?s why, other situations especially in civil law has been left out of the scope. Nevertheless, some characteristic issues about damages for mental anguish has been reviewed.In consequence of this study, it?s been identified that in administrative law, courts judges for damages for mental anguish in four circumstances like: 1- death 2- personal injuries 3- violation of personal rights 4- damage to property. These circumstances has been discussed from the point of view of civil law, administrative law and military administrative law separately.The subjects which are controversial have been discussed like; to define the indemnity amount in damages for mental anguish, types of performance, whether to decide on interest or not, whether the legal entities and noncompetents could claim for damages for mental anguish or not, transfer or descent of damages for mental anguish, if there?s a possibility to divide the claim of damages for mental anguish or not, if it is possible to increase the claim of damages for mental anguish after the law suit has been filed or not, whether the inflation fact will effect the claim of damages for mental anguish or not. When discussing those subjects, not only the doctrinal view, but also practice are tried to be reflected.Key Words1. Damages for Mental Anguish2. Administrative Law3. Death4. Personal Injuries5. Personal Rights.

Author

Dilek Kavraz

How to Cite

Dilek Kavraz (Master Thesis). Damages for mental anguish in Administrative Justice, 2009, Gazi University.

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