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Liability for damage caused by unlawful decision or maladministration The concept of liability for damage is one of the basic institutions of private and public law. Civil liability for damage provides protection for property and personal relations of natural persons and legal entities. Liability for damage is formed by a fulfilment of conditions stipulated by law. The aim of this liability is to eliminate the consequences of breaking the law and to prevent the occurrence of damage through pre-emption. As a topic of my thesis, I have chosen the specific case of civil liability which is the liability for damage caused by unlawful decision or maladministration. I will specifically focus on the liability of the state for damages caused by execution of public authority, where the state acts as a public entity in a legal relationship. The aim of state liabilty caused by execution of public authority is to provide legal certainty to parties in a legal relationship. If damage is caused as per the conditions defined by law, the aim of state liability for damage i salso remove any unwanted consequences of breaking law. Last but not the least, the function of state liability for damage caused by execution of public authority is to prevent the damages in the first place. In my thesis I provide a comprehensive... |
