Causes Of Legal Liability Of The Administration In Full Judicial Proceedings
In administrative law. There are generally two types of legal liability of the administration:
Private law liability arising from the contracts or acts of the administration in accordance with the principles of private law: In this case, a full judgement action cannot be filed.
The contracts made by the administration in accordance. With the principles of administrative law and the responsibility of the administration arising from all kinds of acts and actions of the administration in accordance with the principles of public law.
The obligation of the administration to compensate those who suffer damages due to its acts. Actions or omissions is based on two basic legal grounds in administrative law:
The obligation to indemnify due to the “service defect” (defective liability) of the administration,
Compensation obligation of the administration in accordance with the principles of “strict liability”.
While awarding pecuniary. Or non-pecuniary damages in a full judgement case. The court must explain in its reasoning which of the reasons for the administration’s liability is based on the service defect and strict liability.
If the damage suffered is entirely due. To the fault of the injured party or the third party, the administration is not liable for compensation. This is because, in order for the administration. To be deemed legally responsible based on the principles of service defect or strict liability. A causal link between the service and the damage is required.
An exceptional case where a causal link is not required is social risk.
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