Dissertations / Theses on the topic 'Responsabilité pour faute'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 27 dissertations / theses for your research on the topic 'Responsabilité pour faute.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Roget, Nathalie. "La responsabilité pour faute dans les rapports intrafamiliaux." Grenoble 2, 2007. http://www.theses.fr/2007GRE21007.
Full textFortat, Nicolas. "Autorité et responsabilité administrative." Thesis, Tours, 2011. http://www.theses.fr/2011TOUR1003/document.
Full textNo summary available
Diab, Hosni. "La responsabilité pour faute médicale : indemnisations et sanctions en France et en Egypte." Perpignan, 2014. http://www.theses.fr/2014PERP1178.
Full textVial, Jean-Pierre. "La faute dans le contentieux des accidents sportifs." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32002.
Full textThe offence is central to most disputes in sport accidents. It contributes to regulate and conciliate contrary interests sometimes aiming at limiting liability sometimes at increasing it. The reduction of criminal offence by way of substitution of the aggravated offence for the ordinary offence decreases the criminal risk for organizers. In the same way, reducing the civil offence allows the law to adjust to the requirements of competition, in which risks for competitors are high. The eviction of the civil offence particularly concerns sport associations which have become responsible as of right for the damage caused by their members. The resurgence of the offence sometimes allows to decrease the liability of organizers and sometimes to increase it. On the one hand, it decreases the contractual liability of sport associations by subordinating it to an offence on their part and by subordinating their negligence liability to an offence on their members’ part. On the other hand, when expanding, the offence increases the liability of sports associations to the benefit of some categories of people such as children, beginners and competitors, who are entitled to reinforced protection
Beaudeux, Cédric. "La causalité, fondement pour une théorie générale de la responsabilité civile." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30019.
Full textCivil liability is based on causality and therefore should be limited to damages actually incurred. This is not always the case. A harmonisation of liability is possible as a result of causality. Firstly, harmonisation in respect of the delimitation of liability. Since liability is based on causality, which is divisible, the regimes governing the delimitation and exemption of liability must be revisited. Second, harmonisation in respect of the scope of internal and external parameters of liability. The autonomy of the will permits derogation from the principle of causality. A new frontier can be thus defined between the two regimes of liability. Contractual liability only concerns situations where the parties have expressly derogated from the principle of causality. Civil liability is increasingly used to guaranty indemnification for damages incurred rather than the mere reparation of the damage. The indemnification funds have thus substantially divergent regimes. Causality allows classification of these funds, of which the harmonisation and limitation of proliferation could be achieved by the creation of two central funds, delimiting a clear external frontier of liability
Salem, Géraldine. "Contribution à l'étude de la responsabilité médicale pour faute en droits français et américain." Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080006/document.
Full textGeneral principles governing medical malpractice are highly similar in French and American law, despite different legal bases. Civil law and common law tend then, to converge concerning medical liability rules for negligence. In both laws, however, the medical relationship is undermined. In France, the deterioration of trust between doctor and patient can be seen as an Americanization of the law of medical malpractice. This deterioration is particularly expressed as a strong legalization of medical activity, the practice of a defensive medicine and the crisis of medical liability insurance. The patient became more than a care consumer. He always wants a medical result, that the failure leads him to consider himself as a victim. But should we really fear this influence came from overseas ? Indeed, we believe that the adoption of certain principles of the common law could create a new balance in the relationship between patient and doctor. Thus, class actions, punitive damages, mitigation or alternative dispute resolution could strengthen this relationship
Descamps, Olivier. "Les origines de la responsabilité pour faute personnelle dans le code civil de 1804." Paris 2, 2001. http://www.theses.fr/2001PA020047.
Full textAyed, Wafa. "La responsabilité pénale des décideurs publics pour infractions non intentionnelles." Paris 10, 2008. http://www.theses.fr/2008PA100158.
Full textFor some years, the public decision-makers see their penal responsibility questioned for not deliberate offences. The “intervention of the penal judge " in the public dispute engender a necessary adaptation on behalf of the public decision-makers who have of to integrate the " penal risk " into the management of the public affairs which they have. But the penal responsibility is not less concerned. And while it is more and more sought, appears a movement of contesting on behalf of the public decision-makers, who consider excessive this appeal to the penal lawsuit. From then on, the penal responsibility has to adapt itself not being able to apply on the action of the administration. This tempestuous meeting with the public decision-makers, followed the necessary arrangements taking into account the specificity of the administrative action. It seems nevertheless that these arrangements, although useful are insufficient and it would be convenient to create a regime of penal responsibility common to all the decision-makers
Supera, Sasha. "La responsabilité civile extracontractuelle pour faute comme fondement de la sanction de l'abus de la liberté d'expression." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS564.
Full textTortious liability or Torts are useful to obtain compensation for damages of Speech : a careless paper, an unkind word or the disclosure of confidential informations. Tortious liability is currently used by the States of Belgium and Luxembourg. However, in France, on July 12th 2000, Cassation Court judges took several decisions to prevent tort law to be used in Freedom of Speech processes. Since then, France has been on a wrong path. This dissertation attempts to prove necessary the return of tortious liability in the media industry and law. France is often targeted by the ECHR for violation of article 10 (freedom of speech rights). So far, noone dared to form a request to the Strasbourg Court on the French Tort law ban. However, several reasons and arguments are available to the reader in order to expect that eventually France will be found wrong to keep on the ban of civil liability in speech freedom cases
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
Full textWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
Taguiam, Kamdem Gaspard. "Pour une pragmatique dans l'appréhension de la faute du salarié au Cameroun : de l'analyse conceptuelle à la banque de données outil de connaissance." Montpellier 1, 1995. http://www.theses.fr/1995MON10001.
Full textAt the difference of the juridical rigorous notions in wich are precisely objectively regulate the law rapports in the society, the employee's misconduct is a concept wich the knowledge necessary relative, take into consideration the circumstancies which surrounds it. From that, the inadaptability of the apprehension by a logicist approach. The object of the study postulate the surrender of this last approach and propose for the knowledge of the misconduct reality of the employee, a pragmatical proceeding. On the principle of this proceedind, the research have as finality the propositi on of a model wich, using a realistical heuristic, makes intelligible the notion of employee's misconduct. The matter is to issue advantages of capacity of the computer to give to the users some pertinents arguments in taking a decision. This last method preserv the integrity of legal reasoning. In consideration of this, cases law database, knowledge tool, "virtualy" conceive on the principle of connexionnist method, is a veritable winning card
Mohammadi, Samira. "La notion juridique de faute dans les accidents : un concept à géométrie variable." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111017.
Full textFor many decades, the problem of road safety was primarily focused on drivers behaviour. Further studies in accident research show that driving is a complex activity; the driver is only the final regulatory mechanism that cannot always be controlled. Accidents result from different malfunctions within different interactions of these following elements : humans, vehicles and road environments. The malfunctions can be predictable. The situations governing the accidents can be related back to occurrences prior to their happening. Often the legal complications of an accident result from varying proportions of fault. Factors might include conditions in the general atmosphere of the occurrence. Implications of fact can also be qualified differently depending on the level of driving skills of people involved.The range of participants in legal proceedings spans private and public figures as well as legal advisors. These partakers must determine levels of fault and thus help direct judgment. The thesis herein is intended to mobilize experts in several areas of law: criminal law, civil law and labor law. Research sources for this writing were primarily public court records related to accidents, as well as the minutes and recorded details of accident studies done by IFSTTAR. Further resources include research of experts in the field of accidentology, including assessments of expert studies by IFSTTAR
Kamel, Boumédiène. "La responsabilite professionnelle pour les dommages causes par les produits industriels. Techniques legales et jurisprudentielles de mise en oeuvre de la responsabilite." Rennes 1, 1986. http://www.theses.fr/1986REN11030.
Full textPouillaude, Hugo-Bernard. "Le lien de causalité dans le droit de la responsabilité administrative." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020054/document.
Full textCausal relationship is a central term in the law of administrative responsibility. Between fault and prejudice, the examination of causal relationship is an essential element of justice and constitutes an unavoidable intellectual requirement. It allows the judge to give an order which is both rational and just to facts. Reputed to be impenetrable, suspected of arbitrariness, driven into alleged decline by the development of the logic of insurance, causal relationship has never formed the object of a full-fledged study in public law. The analysis of the notion of causal relationship allows us to correct the image above. It first reveals that we have to distinguish the metaphysical problem of causality from the pragmatic question of causal explanation. The nature of the problem posed by these two questions is different. The question that is put to the judge is modest : give a rational explanation to facts without looking for the truth. It secondly allows to observe that the causal relationship, if it does not come close to being an objective observation of facts, does not bear the imprint of a specific subjectivity with regard to other indeterminate notions in law. The study of the practice of causal relationship bears witness to this. The administrative judge has an ordered approach of the causal relationship founded on a balance between attachment to the materiality of facts and the finality of causal explanation. In the identification of a cause, in the prioritization of multiple causes or in fixing damages, administrative jurisprudence is characterized by this freedom, which is in conformity with the Blanco ruling, in the determination of a jurisprudential policy that causal relationship sometimes renders possible, but which it only follows most often
Quistrebert, Yohann. "Pour un statut fondateur de la victime psychologique en droit de la responsabilité civile." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G001.
Full textThe psychological impact of the events, which are the source of responsibility, be they acts of terrorism, loss of a loved one, psychological harassment, is specific to characteristics both protean and invisible. The first among them is due to the fact that in psychological matter injuries and the resulting suffering are both varied. As such, from the injury point of view, certain events will prove to be more traumatizing than others. Principally those during which the subject has been faced with his own death. Concerning suffering, a subject can as well emotionally suffer a change in his own integrity – for example the physical one with a diagnosis of a serious illness – that of a sort damage which affects that of a loved one (e.g. death or handicap). Then, the impact is considered invisible. It appears much more simple indeed, to identify harm to physical integrity as a harm to psychic integrity. More so, certain psychological harms are totally imperceptible by reason of their eminently diffuse characteristic. The object of this demonstration is therefore to know how civil liability law will comprehend the victim of such a psychological impact. Its comprehension will be particular given the inevitable interaction between the judicial and psychological spheres.In order to better understand this, we will first propose a conceptualization of the psychological victim that blends into psychopathological reality. Two major distinctions feed this thought. One is legal nature, which relates to the distinction between prejudice and harm. The other is psychopathological in nature which opposes emotional shock and psychic trauma. Their intertwining allows us to elaborate different cases of manifestation of psychological suffering and define the contours of the qualities of the victim. Secondly, regarding compensation for a psychological victim, both the appreciation and the evaluation of these prejudices will be examined. The repercussions of psychic trauma, or even emotional shock can sometimes be so grave that compensation cannot restrict itself only to the experienced suffering. Consequences of different natures, for example patrimonial ones, must be taken into consideration. To this end, a division of the prejudices of the psychological victim should be put in place. Distinct rules of compensation will be established based on the prejudice endured. A prejudice presumed, originating notably from a harm, cannot logically be compensated in the same fashion as non-presumable prejudices that require a forensic assessment. In short, the system of compensation must be in phase with the system of disclosure of suffering that has been previously established. As a result, this study proposes to construct a true founding status of a psychological victim. Once this principal notion has been completely conceptualized, we can use it to create a rational compensation scheme
Butaeye, Étienne. "La maîtrise des compétences de l'équipage du navire marchand pour la prévention des dommages : une prérogative de l'armateur." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0169/document.
Full textThe complexity of operating a vessel requires that crew members have in depth knowledge in a wide variety of areas. The International maritime training that has been standardized by the STCW convention is one of the elements that helps to guarantee their ability to make the maritime expedition a success. But it is not enough. The shipowner is the key actor in this area. His personal investment to maintain and develop technical knowledge, to supervise vessel operation and to implement an appropriate human factor strategy, is crucial for controlling the competencies of his crew to prevent potential damages that could result from human errors. It is very interesting to see that maritime law considers this investment in determining the civil liability regime to which shipowners will be subject for the damages caused by negligence of his crew. His involvement in implementing efficient human strategies will allow him to benefit from wide exemptions or limitation of liability. The very protective civil liability regime he enjoys will nevertheless be lifted, at least partially, for his own omissions that contribute to the damage. Maritime law therefore encourages, in a certain way, shipowners to get involved in vessel crewing. The reality is actually more nuanced because the difficulties to lift this specific regime are various. The protections that are granted to a shipowner will then appear to be a demobilizing factor in controlling the human element, which is essential for maritime safety
Mondello, Gérard. "Logique environnementale, logique économique : Etude par le contentieux des Installations Classées pour la Protection de l'Environnement (ICPE)." Phd thesis, Université de Nice Sophia-Antipolis, 2009. http://tel.archives-ouvertes.fr/tel-00727231.
Full textAriaeipour, Ali. "La responsabilité du fait des produits défectueux en droit des affaires internationales et comparé (droit européen, droit français et droit iranien)." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30018.
Full textProducts liability is the name of a field of law concerning the liability of persons who are engaged in the business of selling or otherwise distributing products who sell or distribute a defective product for harm to persons or property caused by the defect. They are strictly liable. Their liability is a kind of liability which goes beyond the traditional distinction between the contractual and tortious liability. The United-States of America and European Union have the most developed products liability laws in the world. In the United-States the American Law Institute memorialized precedential rule of strict products liability in tort in §402A of the Second Restatement of Torts, and officially promulgated it in 1965. In 1992, the American Law Institute began working on a new Restatement (Third) of Torts on the specific topic of products liability law, approving the new Restatement in 1997 and publishing it in 1998 as The Restatement (Third) of Torts: Products Liability. In Europe, Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) constitutes specific law of products liability of European Union member states. This directive has been transposed in French law by 19 May 1998 act and formed articles 1386-1 to 1386-18 of civil code. Fault is the only legal basis of Iranian products liability law. For solving conflicts of laws and jurisdictions which arise from international trade of products and determining the applicable law and competent jurisdiction we can implement international conventions and regulations which have been elaborated on this subject as well as traditional rules of conflicts of laws and jurisdictions of the countries
Laurès, Bertrand. "Les actions en dommages et intérêts pour les infractions au droit de la concurrence." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100161.
Full textCompetition law is mainly governed by European Union law. Public enforcement ensures fulfilment of EU law. Until recently, and despite recognition in case-law, EU law did not provide for a legal regime enabling victims of anti-competitive practices to obtain compensation of their damage. National law did not have a specific legal regime and victims of anti-competitive practices could apply the common civil liability regime on the basis of ex-Article 1382 of the Civil Code. Given the complexity of litigation, this situation lead to great difficulties for victims to obtain compensation for their damages. EU directive n°2014/104 creates a new legal regime and harmonizes the private enforcement. It has been transposed into French law under ordonnance n°2017-303. This much-awaited reform is subdued. Certainly, there are significant progresses. The directive facilitates the proof of fault, and organizes the communication and production of documents during the proceedings. It establishes a presumption of loss and provides a framework to assess the harm. On the other hand, the reform is rather timid on other elements, such as the fault, its attribution, or the financing of the actions. The purpose of this study is to analyze these new rules to ascertain whether it effectively facilitates actions for damages for infringements of competition law
Sampaio, Elesbao Mazza Eduardo. "Méthode pour la spécification de responsabilité pour les logiciels : Modelisation, Tracabilité et Analyse de dysfonctionnements." Thesis, Grenoble, 2012. http://www.theses.fr/2012GRENM022/document.
Full textDespite the effort made to define methods for the design of high quality software, experience shows that failures of IT systems due to software errors remain very common and one must admit that even critical systems are not immune from that type of errors. One of the reasons for this situation is that software requirements are generally hard to elicit precisely and it is often impossible to predict all the contexts in which software products will actually be used. Considering the interests at stake, it is therefore of prime importance to be able to establish liabilities when damages are caused by software errors. Essential requirements to define these liabilities are (1) the availability of reliable evidence, (2) a clear definition of the expected behaviors of the components of the system and (3) the agreement between the parties with respect to liabilities. In this thesis, we address these problems and propose a formal framework to precisely specify and establish liabilities in a software contract. This framework can be used to assist the parties both in the drafting phase of the contract and in the definition of the architecture to collect evidence. Our first contribution is a method for the integration of a formal definition of digital evidence and liabilities in a legal contract. Digital evidence is based on distributed execution logs produced by "acceptable log architectures". The notion of acceptability relies on a formal threat model based on the set of potential claims. Another main contribution is the definition of an incremental procedure, which is implemented in the LAPRO tool, for the analysis of distributed logs
Sampaio, elesbao mazza Eduardo. "Méthode pour la spécification de responsabilité pour les logiciels : Modelisation, Tracabilité et Analyse de dysfonctionnements." Phd thesis, Université de Grenoble, 2012. http://tel.archives-ouvertes.fr/tel-00767942.
Full textDescamps, Olivier. "Les origines de la responsabilité pour faute personnelle dans le code civil de 1804 /." Paris : LGDJ, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/490451950.pdf.
Full textEtier, Guillaume. "Du risque à la faute : évolution de la responsabilité civile pour le risque du droit romain au droit commun /." Bruxelles : Bruylant [u.a.], 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517303213.pdf.
Full textAbdeltawab, Salah Zaky. "La responsabilité de l'administration pour les fautes personnelles et de ses agents : étude comparative du droit français et du droit égyptien." Paris 12, 1990. http://www.theses.fr/1990PA122007.
Full textHamel, Emmanuel. "Modèles de renouvellement avec effets de tendance, et application à l'assurance pour fautes des professionnels de la santé." Doctoral thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/33068.
Full textDans cette thèse, nous présentons une classe très large de processus de dénombrement, incluant le processus de renouvellement et le processus de Poisson non-homogène, à laquelle s’ajouteront des taux d’escompte stochastiques afin de modéliser les coûts agrégés liés aux assurances pour fautes des professionnels de la santé. Ainsi, dans l’introduction, nous présentons certaines caractéristiques importantes du processus des coûts agrégés liés aux assurances pour fautes des professionnels de la santé. Au chapitre 1, nous présentons des concepts théoriques préalables à l’élaboration et l’application du modèle mathématique qui sera proposé au chapitre 4. Au chapitre 2, nous présentons des résultats liés aux processus de Poisson non-homogène composé et de Cox composé, avec escompte. En particulier, nous y présentons des expressions analytiques pour les fonctions génératrices des moments qui seront inversées numériquement en utilisant la transformée de Fourier afin d’obtenir une approximation de la fonction de répartition. Au chapitre 3, nous considérons une classe de processus qui généralise celle étudiée au chapitre 2 : les processus de renouvellement composés, avec effet de tendance et escompte. Pour cette nouvelle classe, nous obtenons des formules récursives pour le calcul des moments ainsi que des expressions analytiques pour la fonction génératrice des moments, fonction qui peut être inversée analytiquement ou numériquement dans plusieurs cas particuliers afin d’obtenir une expression exacte ou une approximation de la fonction de répartition. Au chapitre 4, nous présentons les hypothèses du modèle stochastique qui servira à évaluer le risque du processus des coûts agrégés liés aux assurances pour fautes des professionnels de la santé, ce dernier généralisant la classe de modèles considérée au chapitre 3. Au chapitre 5, nous calibrons le modèle proposé au chapitre 4 sur la base de données des réclamations « fermées » d’une compagnie d’assurance de la Floride. Finalement, nous concluons cette thèse avec un résumé des nouveaux résultats et une discussion sur les avenues de recherches potentielles liées à la présente thèse.
In this thesis, we present a very large class of counting processes including the renewal process and the non-homogeneous Poisson process, to which we add stochastic discount rates, in order to model the aggregate cost related to medical malpractice insurance. In the introduction, we present some important characteristics related to the cost process of medical malpractice insurance. In Chapter 1, we present some theoretical concepts that will be used to build the aggregate cost process related to the medical malpractice insurance model that is proposed in Chapter 4. In Chapter 2, we present some results related to the compound non-homogeneous Poisson and compound Cox processes with a discount factor. In particular, we derive an analytic expression for the moment generating functions that will be inverted numerically using Fourier transforms in order to obtain an approximation of the probability distribution function. In Chapter 3, we study a class of models that generalizes the class of models studied in Chapter 2 : the compound trend renewal process with discount factor. For this new class of processes, we obtain recursive formulas for the moment calculations and an analytic expression for the moment generating function. The moment generating function can be inverted analytically or numerically for many particular cases in order to obtain an exact expression or an approximation of the probability distribution function. In Chapter 4, we present the stochastic model that will be used to measure the risk of an agregate cost related to medical malpractice insurance, which also generalizes the class of models considered in Chapter 3. In Chapter 5, we calibrate the model proposed in Chapter 4 on the closed claims database of Florida. The conclusion follows with a short summary of the results and an outline of some extensions for future research.
Montpetit, Manon. "L'absorption des recours pour atteinte illicite prévus à la Charte des droits et libertés de la personne par le régime de responsabilité civile de droit commun." Thèse, 2013. http://hdl.handle.net/1866/10568.
Full textIn a sequence of judgments rendered since 1996, the Supreme Court of Canada assimilates liability action for "unlawful interference" under Article 49 of the Charter of Human Rights and Freedoms to civil liability action under the general law. The Supreme Court said on this occasion that for there to be unlawful infringement, violation of the right has to be qualified as faulty. This qualification may be demonstrated if a person’s conduct violates "a standard of conduct considered reasonable in the circumstances under the general law" or if the person violates "in the case of certain protected rights, a standard set out in the Charter itself". In the first case, the notion of fault, as understood by the Supreme Court of Canada, absorbs the notion of "unlawful interference", while in the second case it dissolves in "unlawful interference" (which makes an objective fault in abstracto). However, in the second case, the Supreme Court of Canada’s decision in St. Lawrence Cement, rendered in 2008, said that the fault is an obligation of means, which is assessed according to the criteria of prudent and diligent person. Thus, it is not obligation of result. It would be now difficult to reconcile this characterization of the fault with the policy adopted by the Supreme Court's in the matter of the Charter. Since the text of the Charter itself contains the substantive and formal conditions under which it is possible to determine the existence of an "unlawful interference", it would be desirable that the method of convergence of actions between the Code and the Charter should be abandoned in favor of the recognition of the material autonomy of the Charter to ensure consistency of law, which would also mean not to distort the concept of fault. Moreover, while the Supreme Court established unlawful interference has no prejudice in itself, the author attempts to demonstrate that the violation of a right is still an inherent prejudice that the law must recognize.
Dias, Fátima Raquel dos Santos. "A culpa do serviço como fundamento do dever de indemnizar por parte da Administração Pública." Master's thesis, 2013. http://hdl.handle.net/10362/17227.
Full textCom a evolução da concepção de Estado social de direito e com a modificação da concepção das relações entre a administração pública e os seus funcionários, a ideia de um Estado irresponsável foi-se perdendo e assistiu-se a uma cada vez mais crescente responsabilização administrativa por acções ou omissões que causem danos a particulares. Depois de um tratamento negligente, e com um atraso significativo em relação ao sistema francês que o inspirou, o ordenamento jurídico português acolheu, primeiro na jurisprudência, depois na doutrina e por fim na legislação, com a Lei nº 67/2007 de 31 de Dezembro, a figura da culpa do serviço. Este instituto fundamenta o dever da administração pública indemnizar o particular lesado, mesmo que não seja possível o apuramento concreto e indivual do agente causador do dano. Considera-se que ocorreu um funcionamento anormal do serviço e o culpado é o serviço público, no geral.