Master'sOpen Access

The characteristics of loss and compensation which compose the subject of full jurisdiction

2021
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Advisor: Dr. Öğr. Üyesi Bayram Özbey

Abstract (EN)

Government and other Public legal entities conduct their activities with the hands of public personnel and while carrying out these activities, they may damage the assets or personal values of others. This leads to the responsibility of compensation of the administration. In order for the administration to be liable for compensation, a loss must occur, the transaction and action that caused the loss can be imposed on the administration, there must be a causal link between harm and administrative behavior. The person has the right to demand compensation for the damage that occurs in his assets or in his moral properties which occurred out of his ability. The concept of loss, which is the first and most important condition in terms of all kinds of legal responsibilities, is also important for the responsibility of the administration. In determining and clarifying the specifications and characteristics of the damage, the focus of our study which causes the administration's indemnification obligation, it is most important to determine the justice, and fairness of judicial proceedings. Required characteristics in material and moral damage, first of all, should be there a loss, the loss should occur, confirmed, definite and absolute, the loss is directed to a legally protected interest, the loss is measurable with money, and and in some cases the loss is of a special and abnormal weight which does not take the form of public liability. If the damage arising from administrative behavior carries these characteristics, the person who suffered damage may file a compensation claim against the administration within the lawsuit process, in accordance with the procedures and conditions stipulated in the law, and request that the damages be compensinated. However, since there is no compensation place as a rule in administrative law, only the principle of cash compensation is valid. The determined cash compensation payment can be either in the form of single payment or in the form of income "monthly paymanet". If the loss does not meet the specified characteristics, we cannot be held responsible for the administrative debt. Keywords: Responsibility of Administration, Concept of Loss, characteristics of loss, Compensation.

Author

Ahmet Vuso

How to Cite

Ahmet Vuso (Master Thesis). The characteristics of loss and compensation which compose the subject of full jurisdiction, 2021, Gaziantep University.

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