Risks as a Basis of Agency’s Responsibility without Wrongful Act

Volume 3 , Issue 1 , April 2015 , Pages 202-230

Authors

Dana Abdulkareem Saeed 1

1 College of Law and Politics- University of Sulaimani

DOI logo 10.17656/jlps.10063

Keywords

Abstract

Risks as a Basis of Agency’s Responsibility without Wrongful ActThe general rule of the responsibility of agency to pay remuneration is based on wrongful acts, but this traditional responsibility failed to respond to damages occurred in many new areas and fields due to technological development. In response to this new challenge, modern administrative adjudication, especially the French Council of State, has taken its crucial role in creating new legal rules that established the responsibility of agencies without any wrongful act based on risks. According to this new responsibility theory, the affected person is not required to prove the wrongful act of the agency in order to be eligible to receive compensation. Instead, it is sufficient to show the casual link between the damage and the act of the agency. It is worth noting that the theory of risks as a new basis of responsibility without wrongful acts does not replace common general rules of responsibility based on wrongdoing. Instead, it is considered exceptional and auxiliary responsibility applied in conjunction with the general rule to specific situations and areas determined by administrative adjudication or based on special statutory mandates. This subject will be studied in two parts: the first part studies the concept of responsibility based on risks and its approval in jurisprudence and courts, and the second part application of the theory of risks’ responsibility in legislation and comparative judiciary in the agency’s relationship with its own officials and workers as well as with other individuals. The Final part of this article includes several conclusions and recommendations.

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  • Published at1 April 2015

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