أسس المسؤولية الإدارية و التعويض عن الأضرار في مجال التعمير و البناء

Abstract EN

Pursuant to the rules of administrative liability Particularly in the area of rehabilitation and reconstruction, the victim may institute an indemnity action against the administration before an administrative court if the fault committed by the agent is a service fault.

On the other hand, if the fault committed by the agent is a personal fault, he shall be solely liable for the indemnity.

However, the development achieved in the general system of administrative liability based on service fault led to the division of liability between the administration and its employees, i.

e.

it eventually led to the gradual diminution of the legal value of personal fault in view of the extension of service fault; liability is now divided on a balanced way between the administration and its employees, in which the responsibilities cohabit within the so-called “combination rule”.

Administrative liability can also be achieved without error either on the basis of risk or breach of equality in front of public burdens.

Key words: administrative liability, service fault, Harm, Causal relationship, Compensation.