Management liability based on error

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

In the present study, we have dealt with an issue of interest to the administrative courts in Egypt and the Sultanate of Oman, which is the subject of the elements of administrative responsibility on the basis of error. The error is the basis for establishing the responsibility of the administration for the actions of its officials. The idea of fault was controversial in terms of adapting it and distinguishing it, as well as defining the type of fault for the responsibility of the administration. We have also set out the rules of competence on the ground of responsibility for wrongful management. The most important of these are the fact that the French legislature has based responsibility on fault in the notion of responsibility, on the grounds that the administration assumes responsibility for the principle of sheep. As long as the administration resorts to others to benefit from its activity, it must assume responsibility for this activity. Since the establishment of the Omani administrative judiciary, a distinction had been drawn between personal and annexial errors, whereby the court had determined that the basis of State responsibility was three elements of fault, injury and causality, which must exist whether we were in the process of contractual or faulty liability.

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