In The Case Of Perfect Responsibility Of The Administration, The Liability Of Indemnity

15 Mar In The Case Of Perfect Responsibility Of The Administration, The Liability Of Indemnity

Flawless responsibility is a responsibility in which the failure of the administration to go to its responsibility is deemed unqualified and that the causal link between the damage caused and the action or operation of the administration is proved to be sufficient. In the case of impeccable responsibility, it is not investigated whether the administration is defective or not. Impeccable responsibility has been adopted for more dangerous or risky activities of the administration. Perfect responsibility; equal sharing of the public burden is a type of responsibility imposed on the administration within the framework of the principles of equality, equity, fairness and security.

Impeccable Responsibility due to Social Risk: It is an enhanced responsibility by implementing an impeccable responsibility regime due to social risk. On the other hand, due to the social risk principle developed by the scientific and judicial jurisprudence, it is not only a direct result of the public service that occurs in the field of activity of the administration, but also the result of the realization of a social quality risk. share is intended to be eliminated. In order to implement the social risk principle according to the stated quality, the event should be related to the whole society and the damage is caused by the realization of a social quality risk, and the fact that the incident and loss is not the direct result of the public service, in other words, a causal link between harm and administrative action should not be established. In cases where the causal link between the loss and the administrative action can not be established, it is not possible to apply the principle of social risk. So, social risk; It is a specific objective responsibility developed by the administrative law which can be discussed in cases where all other flawless liability situations that can be established due to the service defect and the operation or action of the administration are not applied.