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03842nam a22002057a 4500 |
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1748864 |
| 041 |
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|a ara
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| 044 |
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|b ليبيا
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| 100 |
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|9 543634
|a شوابل، عاشور سليمان
|e مؤلف
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| 245 |
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|a مسؤوليةة الادارة دون خطأ والتطورات الحديثة في القضاء الفرنسي
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| 260 |
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|b جامعة المرقب - كلية الاقتصاد والتجارة
|c 2019
|g يونيو
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| 300 |
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|a 48 - 65
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| 336 |
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|a بحوث ومقالات
|b Article
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| 520 |
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|b Through the study of the management responsibility without error and the modern developments in the French jurisdiction, the creative side of the French state council appears clearly as it has established together with the management responsibility on basis of error and responsibility, although its act is not described of error. In this case, it is enough for the French jurisdiction the condition of harm and emerging a relationship between the damage and management activity of the project. In the range of this responsibility, the harmed is exempted from proving the management error whereas the management responsibility is decided even if there is no error. According to this type of responsibility, it is enough to prove the harm happening and being it caused by the management as an act. This type of responsibility without error has many benefits for the favor of the harmed as the management is exempted from responsibility even if the harm is caused by sudden accident or by third party interference. This type of no-error responsibility is considered as it is part of the general system. One of the properties of this kind of responsibility is that it is based on the thought of risks and appears as a foundation in the rules of the old French state council as well as equalizing the individuals in front of the general burdens. And the other foundation is depending on the equalization and justice which indicates that every citizen guilt what he gained. Finally, some of the properties of this responsibility is that it precautionary or exceptional because in the origin of the management responsibility if the error and the harm resulting from the relation between them. Some of the applications of the responsibility without errors or risks in the French state council are the harms resulted from the general works, the responsibility for doing risky acts or using risky things, or responsibility for the legitimate decisions (as decisions of dismissal without disciplinary actions and decisions taken suddenly, etc.) The French state council jurisdiction has developed in the field of responsibility without error to be modern jurisdiction that included the responsibility in the medical works field and the responsibility of the blood transfer centers with modern rules. We have discussed in the end of the study the interference of the French legislator by issuing numerous legislations deciding the compensation beyond the responsibility range (whether by error or without error) through the insurance compensation specially for terrorism victims or HIV due to contaminated blood and the basis of this compensation is the risks and national support. On the other hand, the jurisdiction in Libya does not apply this type of responsibility without error on basis of risks. It is still applying the general rules which indicate that the basis of responsibility is established on error and the relationship of the follower to the followed.
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| 653 |
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|a القضاء الفرنسي
|a المسؤولية دون خطأ
|a مسؤولية الادارة
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| 773 |
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|4 الاقتصاد
|6 Economics
|c 003
|f Āfāq iqtiṣādiyyaẗ
|l 009
|m ع9
|o 1567
|s مجلة آفاق اقتصادية
|t Economic Prospects Journal
|v 000
|x 2520-5005
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| 856 |
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|u 1567-000-009-003.pdf
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| 930 |
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|d y
|p y
|q n
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| 995 |
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|a EcoLink
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| 999 |
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|c 1007291
|d 1007291
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