مسؤولية الإدارة دون خطأ

Abstract EN

The previously established rule was that the state is irresponsible, but due to many factors this thought was abandoned and the principle of responsibility was emerged to be a general rul.

And hence the exception becomes the irresponsibility of the state.The base of this irresponsibility is existed in researching for the factors that lead to establish the administration so as to decrease the damage by compensation.The bases that make the administration of responsibility to be appeared without error.

Some of these bases are traditional and the others are modern, but both of them share the idea of imposing the responsibility of the state without error so as to bear additional tasks according to these theories.

The risks have been emerged from the traditional theory and even the principle of bargain of general costs has been appeared from the same theory.

One of the modern bases is the social solidarity and guarding the others.In spite of transforming to decide the principle of state responsibility without error which is regarded as a harmony with the principle of respecting the human rights, sine this will make the state respect the agreements and laws to protect the society from human dangers and to guard the society from all damages.In Iraq, we find the judgments of the jury are poor and thus they showed need legalization to be submitted.