التعويض عن الأضرار الناجمة عن الأخطاء المرفقية والشخصية https://aif-doi.org/AJHSS/106905

Abstract

The study discussed the compensation for serious-facility and personal errors and the damages resulting from them, and the problem of the study was to identify the role of the administrative judiciary in compensating for serious and personal errors and the damages resulting from them. Absolutely; Considering the judiciary as the sanctuary that people resort to achieve the right and to apply the law, the study aimed to reveal the serious-facility   and personal errors and the role of compensation from them, and to reach many appropriate recommendations capable of addressing the problem of the study, and the study followed the analytical method by describing legal texts and analyzing them scientifically; stating the findings of jurisprudence and ijtihad.

 The study set out many findings, the most important of which are the following:

1- The study showed that jurisprudence and the judiciary did not agree on setting a specific criterion for the idea of ​​personal error, and there is no general rule that sets specific controls that separate definitively between personal and other errors. The magnitude of the error and the motive to commit it, and from it, each case must be studied separately.

2-The competence of the administrative judiciary to consider claims for compensation for damages caused by the infrastructure and employees as a result of their personal errors, provided that the material work is directly related to the management of the public facility and that its management is in accordance with the provisions and methods of public law. Not suitable for her private law rules.

 The study concluded with several recommendations, the most important of which are the following:

1- It is recommend paying attention to the jurisprudential aspect in the system of legal books and Yemeni scientific research that deals with the facility and personal error, especially the theory of personal error, which contributes to dividing the responsibility between the administration and the employee and regulating the administration’s right to refer to the employee who caused the harm.

2-It is recommend unifying the texts on liability for personal error in all laws that provide for this responsibility for the great legislative deficiency in the administrative law to define the rules of administrative responsibility and the relationship of management with its employees and its responsibility for their actions.