The theory of the actual employee and its applications in light of the rulings of the Yemeni judiciary

A comparative study

Abstract

This study dealt with the theory of the actual employee, which was invented by the French administrative judiciary and was subsequently applied and accepted in many other countries. It  showed that the actual employee is a person who exercises public office without a right appointment decision. However, the administrative judiciary recognizes some of its behaviors under special circumstances in the interest of the public. It explained that this theory is based on maintaining the rihgt functioning of public facilities regularly and in exceptional circumstances, And on the considerations required to protect the rights of third parties in good faith in accordance with normal circumstances. The study focused on the applications of this theory in normal circumstances and in exceptional circumstances, extrcating the controls that it rules according to the rules of jurisprudence and the administrative rulings of the judiciary, with emphasis on the modern provisions of the Yemeni administrative judiciary under the exceptional circumstances that the country has undergone since the 21st of September 2014