Η αστική ευθύνη του δημοσίου για πράξεις και παραλείψεις των οργάνων του
Civil liability of public authorities for acts and omissions of public servants
AdvisorΔελούκα - Ιγγλέση, Κορνηλία
KeywordsΑστική ευθύνη ; Αστικός κώδικας ; Εισαγωγικός νόμος αστικού κώδικα ; Αιτιώδης συνάφεια ; Αγωγή αποζημίωσης ; Αρχή της νομιμότητας ; Αστική ευθύνη του δημοσίου ; Δόλος ; Ένδικα μέσα ; Ζημία ; Νομικό Πρόσωπο Δημοσίου Δικαίου ; Ιατρικό λάθος ; Υπαιτιότητα ; Civil liability ; Civil code ; Introductory law to the civil code ; Causal link ; Compensatory damages lawsuit ; Principle of legality ; Civil liability of the State ; Wilful misconduct ; Judicial means ; Damage ; Legal Entity of Public Law ; Medical error ; Fault
Introduction: The increasing intervention of the State into the socioeconomic life of the citizens calls for a dynamic and rigid framework of legal rules securing citizens against the State, as well as the State against the potentially erroneous conduct of its bodies. Another significant factor conducive to the unobstructed function of society is ensuring the principle of legality and equality. Thus, it is through articles 104-106 of the Introductory Law to the Civil Code, as well as the Constitution, that the operation framework of the civil liability of the State is created. Aim: The aim of the current thesis is to portray the existing legal framework governing Liability of the State for acts and omissions of its bodies, by means of featuring various cases of liability in diverse areas of State activity. Research Method: The current thesis was written based on the literature review, as well as the varied jurisprudence of the Administrative Courts of Greece, regarding Civil Liability of the State. Conclusion: The involvement of the State through Legal Entities of Public Law, such as the Association of Regional Administration and the National Healthcare and Social Solidarity System, as well as that of the legislative, executive and judicial operations, call for their unobstructed activity through a set of legal rules ensuring the principle of equality, as well as the principle of legality according to the Constitution. This can be achieved, as aforementioned, through the Constitution and the regulations of the Introductory Law to the Civil Code and the Civil Code. !