RASY (Douc) – THE BOUNDARIES OF PERSONAL FAULT AND SERVICE FAULT IN FRENCH ADMINISTRATIVE LAW, Bibl. de droit public, t. XLIII
RASY (Douc) – THE BOUNDARIES OF PERSONAL FAULT AND SERVICE FAULT IN FRENCH ADMINISTRATIVE LAW, Bibl. de droit public, t. XLIII
RASY (Douc) – THE BOUNDARIES OF PERSONAL FAULT AND SERVICE FAULT IN FRENCH ADMINISTRATIVE LAW, Bibl. de droit public, t. XLIII
    RASY (Douc)
    THE BOUNDARIES OF PERSONAL FAULT AND SERVICE FAULT IN FRENCH ADMINISTRATIVE LAW, Public Law Library, vol. XLIII
Édition :
    Paris
Date :
    1963
    in-8, half-leather with corners, gilt title on spine with five raised bands, upper edge gilt, cover preserved, (spine sunned), good condition, [this book comes from the personal library of Marcel and Jean Waline], 156-[2 ff.] p.
    The structure of this thesis is bound to attract attention, since the introduction, where the author essentially examines the difficulties of the subject matter (p. 13 et seq.), is preceded by a preliminary section whose purpose is to elucidate “the function of the distinction between personal fault and service-related fault” (p. 1 et seq.). According to the author, this “functional approach” operates on two levels. The first, a logical analysis (the opposition between prosecution and contribution, which derives from the distinction proposed by German legal doctrine between Schuld and Haftung), naturally precedes a study of historical developments. The latter could have been a tedious recounting of landmark decisions such as those in Pelletier, Anguet, Lemonnier, Delville, and Laruelle; however, this historical examination is ingeniously presented by the author in three acts and a prologue, the culmination of which seems to be the discovery by contemporary jurisprudence of a balanced solution. The subsequent developments are organized in a very conventional manner around two symmetrical themes. The first section (p. 24 et seq.) looks to the past: imaginary doctrinal criteria and outdated jurisprudential distinctions. The second section (p. 69 et seq.) is oriented towards positive law. The author successively examines the two current criteria: the organic criterion: “a fault will be personal fault if the perpetrator is the agent; a service-related fault will be a fault if the perpetrator is the service”; and the criterion of the link with the service, to the study of which Mr. Doue Rasy rightly devotes quite lengthy sections.” (J. Moreau, RIDC no. 4/193, p. 812 et seq.).

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Mots-clés : Administrative responsibility

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