The historical development of the social risk principle and the responsibility of the administration within the scope of social risk in Turkish law
2023
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Advisor: Dr. Öğr. Üyesi Süleyman Emre Zorlu
Abstract (EN)
As a result of the Rule of Law principle, the administration is obliged to cover the damages caused to persons as a result of its transactions and actions. This issue is stated in Article 125 of the Constitution, the Administration is obliged to pay damages arising from its own transactions and actions." he has taken his place in the format. In this study, the actions and transactions of the administration that caused the financial responsibility of the administration were examined, and the details of under what conditions the administration will be responsible when people suffer a loss, and which basic principles this responsibility was born in the light of were examined. The responsibility of the administration is only 19.towards the end of the century, it was accepted by reaching a certain maturity. In fact, so much so that administrations are not responsible even when they have a defect, this extremely wrong approach has been replaced after a long time by an understanding that they will be responsible even though their administrations do not have any defects in the damages caused. This painful process has been tried to be explained by taking into account the first decisions that have passed into history. In our study; the damages caused by terrorist attacks or mass movements that occupy the world agenda quite a lot and those who want to make their ideas heard have been examined and the ideas for the elimination of the problems that occur during the implementation have been presented in the light of which principles these damages have been eliminated. It has been examined whether there are legal regulations in certain areas that are still limited in our country and whether judicial case law is sufficient for new areas of social risk that may arise, and whether there is the possibility of legal regulation in all areas.
Author
Muazzez Polat
Institution
How to Cite
Muazzez Polat (Master Thesis). The historical development of the social risk principle and the responsibility of the administration within the scope of social risk in Turkish law, 2023, Gaziantep University.
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