Abstract:

Establishing peace and security is one of the main objectives of law. Therefore, every legal system has provisions so as to prevent “unfair” behaviors among the individuals. It’s very easy to detect this in context of relations of in the area civil law. As a result of same perception, one may think that state bodies are also responsible for their wrongful acts, however this had not been accepted until recently. But, in our time, none of civilized nation would allow unfair conducts of state actors. Even if such a conduct occurred states have to compensate damages caused. Both in Turkey and France accepted approach is, in court decisions as well as doctrine, that the legal (and financial) responsibility of administration as one of the indispensable elements of the state of law. However, the principle of legal (and financial) responsibility is accepted in court decisions before positive law both in France and Turkey. This is why the principle is being evolved thorough the dictums of the courts. Thanks to this way of evolution of the principle it could easily adapted to the changing needs of the day. However it brings some inconveniences together. For instance, the problem of whether the courts could determine interests as well as compensation. There is no unanimous opinion between Council of State and High Military Administrative Court. Yet, there is no such problem in the administration of civil courts. In the application of The High Court of Appeals interest is paid as well as compensation without doubt. The inconsistent practice between Council of State and High Military Administrative Court should end immediately for the sake of legal order. Despite signs for the solution in the latest decisions of the courts, it’s early to say the problem has solved

Keywords: