Özet:

The concept of reason is a concept that should be studied in two dimensions in the Administrative Law. The first is the case that removes or reduces the responsibility of the administration; the second is the case that prevents the persons from fulfilling their obligations against the administration. When we look at the council’s decisions, we see that the responsibility of the administration begins to diminish. Because the administration has the power and authority to prevent the negative consequences with measures to be taken in advance. There are certain laws and regulations on contractual reasons that prevent persons from fulfilling their obligations against the administration. When these rules are examined, in cases where the authority is given to the administration, it is necessary to consider an incident as the cause of the dispute; to prevent the fulfilment of an obligation or obligation against the administration; to prevent the administration of the dispute from being caused by the defect of the persons and to prevent the persons from being able to eliminate. In this context, the operations and actions of the units, authorities and officials, including the administrative body, should also be regarded as a reasonable reason for persons. It should also be noted that even if there is no clear legislative rule that regulates the circumstances in which persons are unable to fulfil some of their obligations in their relations with the administration or are unable to exercise their rights, the existence of reasonable reasons should be considered in accordance with the righteousness. There are also judicial decisions in this direction.

Anahtar Kelimeler: