ALMAN VE İSVİÇRE HUKUKUNDA KAMU GÖREVLİLERİNİN DAVRANIŞLARI SONUCU MEYDANA GELEN ZARARLARDAN İDARENİN SORUMLULUĞU

Abstract

It is possible that public officials who perform the actions of the administration, which has a wide organizational structure and field of activity, may harm individuals during the performance of public service. In principle, these damaging behaviors are attributed to the administration. According to which liability provisions the administration will be held responsible for damages arising from the behavior of public officials during the execution of administrative service, German and Swiss legal systems are regulated differently from Turkish law. For example, in German Law, the responsibility of the administration is resolved in civil jurisdiction, according to the provisions of private law. Since our law terms of the responsibility of the administration, is based on the French system, there are generally works comparable to the French law. There are a limited number of studies about the responsibility of the administration caused from the activities of the public officials, on the German and Swiss law. In this study, it was aimed to fill this gap and was tried to be examined according to German and Swiss laws, of the responsibility of the administration for the damages caused by the faulty performance of the public duty.