R&S - Research Studies Anatolia Journal

Yazarlar: Esin GÜRSEL

Konular:Sosyal

DOI:10.33723/rs.430617

Anahtar Kelimeler:Disaster,Natural Disaster,Force Majeure,Liability of Administration,Service Fault

Özet: Turkey is a typical natural disaster country because of geographical location (geological and topographical structure) and climate. Natural disasters like earthquakes, landslides, floods, rocks and avalanches have caused life and property losses since ancient times. Administration is obliged to take necessary precautions to prevent occurrence damage before the disaster. Administration also has post-disaster duties such as providing assistance to victims, providing shelter, and providing health services. Liability of Administration arises in case of service fault before and after natural disaster. Administration is obliged to compensate this damage. In this article, firstly the concept of "disaster" is explained. Then, the legal meaning of the disaster was tried to be determined and the relationship between disaster and liability of administration is stated. "Öneryıldız / Turkey", "Budayev and Others / Russia", "Kolyadenko and Others / Russia" decisions of European Court of Human Rights are associated with the liability of administration damage caused by natural disasters. We had tried to draw the limit of   administrative liability by taking in consideration these decisions.

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