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Abstract


THE LIABILITY OF THE ADMINISTRATION FROM THE PRINCIPLE OF THE SOCIAL RISK

According to the Article 125 of the Constitution, the administration is liable to pay the damages from its action and act. This is the basis of the liability of the administration. Another constitutional regulation regarding liability of the administration is Article 129. According to this article, claims for damages caused by defects they committed by public officials while using their powers can only be raised against the administration provided that they are recourse to public officials. Under these regulations, the principal liability principle of the administration is the principle of liability with fault. However, fault is not to be reqired for the liability of action and act of administration. Some of the activities of the administration create the liability without faith of the administration due to its features. Generally, the liability of the administration is based on these two principles. Apart from these principles, the principle of social risk which is classified as a liability without fault is another source of liability. This classification is debatable. The principle of social risk is a case-law used in terms of terrorist damages. The liability without fault is a principle of liability that there is no fault but there is a causation between activity and damage. Both fault and causation are not sought in the principle of social risk. It is not right that the principle of social risk is one type of liability without fault. Because the causation which is the basis of liability without fault is not sought in the principle of social risk.



Keywords
Liability of Administrative, Liability with Fault, Liability without Fault, Principle of Social Risk, Causation.



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