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Responsibility Of Public Servants For Personal Defects

Responsibility Of Public Servants For Personal Defects

The liability of a public official for personal defects is based. On the fact that he is personally responsible for the damages caused by all actions or transactions. That have nothing to do with the public service performed and are outside the scope of his duty. In this case, it is accepted that the administration has no legal responsibility. The damage caused by a public official due to an act or action outside. The scope of his/her duty is classified as “tort liability” in accordance. With the liability principles of private law.

Damages caused due to a personal defect of a public officia. That is not related to his/her duty are claimed by filing a lawsuit for material and moral compensation to the public official personally in accordance with the principles of private law.

The court with the general duty to hear a case for material and moral compensation. To be filed within the framework of private law principles. Has been designated as the court of first instance.

The cases in which the personal defect of a public official. That has no connection with his/her duty is accepted are as follows:

Commission of a crime by a public official,

Intentional act of a public official.

Grave defect of the public servant.

 

 

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