The personal fault liability of the public official is based on the principle that he/she is personally responsible for the damages caused by all actions or transactions that are not related to the public service carried out and outside the scope of his/her duty. In this case, it is accepted that the administration has no legal responsibility. The damage caused by the public official due to an action or transaction outside the scope of his/her duty is in the nature of “tort liability” in accordance with the liability principles of private law.
Damages caused by the personal fault of the public official, which is not related to his/her duty, are claimed by filing a lawsuit for pecuniary and non-pecuniary damages against the public official himself/herself in accordance with the principles of private law.
The court with general jurisdiction to hear the pecuniary and non-pecuniary damages to be filed within the framework of private law principles has been determined as the civil court of first instance.
The cases where the public official’s personal fault that is not related to his/her duty is accepted are as follows:
The public official commits a crime,
Intentional act of a public official,
Gross negligence of the public official.
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