الخطأ الوظيفي الموجب لمسؤولية الدولة

Abstract EN

This research dealt with the functional error that necessitates the responsibility of the state, and the nature of this error was analyzed by knowing the nature of the error necessitating responsibility, in which the most important criteria by which it is possible to determine the error necessitating responsibility or not, was explained through the first requirement that dealt with the subject of the criteria for error necessitating the responsibility of the state.

in it, the criterion of personal whims, the criterion of purpose, the criterion of separation from the job, and the criterion of gravity were analyzed, and the research concluded that the standard adopted in approving responsibility depends mainly on the criterion of gravity.

in the second requirement, this research dealt with the issue of the link between error and the public job, and it analyzes the material link of the error to the public job, and then the causal link to the public job.

in the Jordanian and Palestinian legal jurisprudence, that responsibility is established if the mistake was committed and was financially related to the job, or if the mistake was committed because of the job.