The element of error in tort management liability

A comparative study

Abstract

The research discusses the administration’s responsibility for its non-contractual actions, which include administrative decisions and material actions. The harmful act requires the existence of a mistake that results in harm, leading to administrative responsibility. The research focuses on the mistake as part of administrative responsibility, where administrative justice refuses to apply the theory of civil error to administrative responsibility, preferring to distinguish between the institutional error and the personal error. Administrative responsibility is established based on the institutional error, and there is no responsibility if the error is personal. The research highlights the importance of distinguishing between the institutional error and the personal error in countries that adopt the system of judicial and legal duality, such as France and Egypt. The research also addresses the Yemeni system that adopts the unified judiciary system, which faces challenges in legislation and justice regarding the administrative error in administrative responsibility.