Abstract | الملخص

The problematic of this research is about the noted improvement of the international systems towards the consideration of compensation for the service damage without the necessity of committing an error as a condition in all cases, but rather acting in accordance with justice and equality against general encumbrances. Since the Administrative Compensation first was not applied in our Jordanian system, then its utmost improvement was that it was identified on the basis of only the tort and committing an administrative error as a condition, so we decided to make this research in order to achieve a dual benefit; first benefit is: simplify the current Jordanian system, in the way that elaborates the system conditions and restrictions in the field of Compensation for the service damage, second benefit is: clarify the original rules of other preceding comparative systems in such field to the extent of the compensation for the service damage as well even if without committing an error, so, this comparison becomes a proper preliminary step in the process of improving our current Jordanian system. Hereupon, this research is divided into three chapters as follow; The First Chapter: "The field of Administrative Compensation and its relation with the Civil and Administrative Laws". Which consists of two parts and four requests, where the research discusses the basic rules of the civil liability in compensation, in terms of the both basic rules or the exceptions, and also the Administrative rules in such compensation, in terms of both the compensation for the service error or the compensation for the service damage. The Second Chapter: "The Restrictions on the Administrative Compensation" Which also consists of two parts and four requests, where the research discusses these restrictions, either in terms of legal restrictions; (acts of sovereignty & acts of the legislative and judicial authorities) or the pragmatic restrictions; (Prerogatives of public and administrative discretion powers & the exceptional conditions and how they affect in such area). The Third Chapter: "The Administrative Liability in the Jordanian System" Which also consists of two parts and four requests, where the research discusses the compensation for the service error in the Jordanian system and its relation to the personal error, and also the statement of limiting this system not only to the point of the tort in the field of the Administrative Compensation, beside, but also the limitation of this liability with different legal, pragmatic and judicial restrictions. These chapters are followed by a conclusion and recommendations, through which we elucidated the summary of what we achieved in our research and the recommendations we call for.

Authors | المؤلفون

Osama A. Al-Ne'imat , Mohammad M. Al-Ma'aqbla

Keywords | الكلمات الدالة

Administrative Compensation, Civil and Administrative Laws, Jordanian System.

Full Text | المقال كاملا

References | المراجع