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

Abstract

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