أحكام المسؤولية الإدارية بلا خطأ و تطبيقاتها في القانون الأردني : دراسة مقارنة بالقانون الفرنسي

الملخص EN

The study aims to examine the rules and applications of the theory of administrative liability without fault in Jordanian law in comparison with French law.

This study includes two main sections; the first considers the concept, implications and applications of the theory in French law, whereas the other examines the legislative and judicial applications of the theory in Jordan.

It shows that the Jordanian law may take a lesson from the French law in this area, which is of great importance in the protection of rights and freedoms of people.

Although the wording of Article 256 of Jordanian Civil Law providing for the "damage" not "fault" as the basis of liability may give the courts the chance to adopt the theory where the judges in Jordan still hesitate to accept claims for compensation against the administration without fault, except where legislative provisions provide for such a compensation.