İdarenin Bayındırlık Eserleri ve Faaliyetlerinden Doğan Kusursuz Sorumluluğu

Abstract

Compensation for damages arising from administrative activities is a subject of ongoing debate within the context of liability law in modern legal systems. Public interest initiatives, such as public structures and works, have the potential to directly affect both individual rights and the broader public interest due to their far-reaching impact. Public structures are those built to serve the public interest. Damages arising from these structures or public works lead to various cases of strict liability under both public and private law. Consequently, providing a comprehensive definition of the administration's strict liability stemming from public structures and works is crucial for striking a balance between the efficiency of public services and the protection of individual rights. This study aims to examine the scope and legal framework of the administration’s strict liability arising from public structures and works. The study concludes that addressing the administration's liability within the context of both public and private law provides more effective protection for individuals affected by the damages. Furthermore, this study expands the existing legal analyses on public structures and works, thereby deepening the connection between the principle of strict liability, administrative law, and private law. Additionally, the study contributes to the development of a legal framework for compensating damages resulting from public structures and works.