Causes Of Legal Liability Of The Administration In Full Judgment Cases
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 judgment action cannot be filed.
Public law liability arising from the contracts concluded by the administration in accordance with the principles of administrative law and all kinds of acts and actions of the administration in accordance with the principles of public law.
The obligation to indemnify those who suffer damages due to the acts, actions or omissions of the administration is based on two basic legal grounds in administrative law:
The obligation to indemnify due to the administration’s “defect of service” (negligent liability),
Compensation obligation of the administration in accordance with the principles of “strict liability”.
When awarding pecuniary or non-pecuniary damages in a full remedy case, the court must explain in its reasoning which of the reasons for the administration’s liability is based on the service defect or the faultless 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.
