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L’imputation, mécanisme fondamental de la responsabilité des personnes publiques

Abstract : Although every attribution system constitutes a key element regarding the matter of liability in the public sector, the concept of imputation has only been the object of a few studies. Our research shows both the importance of the role played by the notion of imputation and the relevance of an approach which would examine the concept of liability through the imputation process. Far from constituting a simple technical tool employed to ascertain the source of liability, the notion of imputation seems to promote the emergence of a wider inquiry regarding liability itself. Indeed, because this notion serves to indicate the debtor of liability, the process of imputation always indicates a statement of views on the function of liability. The utilization of this device is never inconsequential whether it is used to designate the author of the causal event or any other person. Studying the concept of imputation does both answer the question as to why someone can be held accountable and uncover the founding principles of liability. Furthermore, it will come to our understanding that the selection of a particular method of indictment is never neutral and always involves consequences in regards to the physiognomy of the legal status of the various hypotheses of liability. By analyzing the function of liability through the lens of indictment we can grasp its meaning and thus explain the reason behind the wide diversity of legal regimes and above all, offer a classification of the various hypotheses of liability which would rely on their own internal logic.
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Submitted on : Tuesday, October 16, 2018 - 2:15:08 PM
Last modification on : Friday, October 23, 2020 - 4:34:14 PM
Long-term archiving on: : Thursday, January 17, 2019 - 2:25:45 PM


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  • HAL Id : tel-01896740, version 1



Jean-Louis Oki. L’imputation, mécanisme fondamental de la responsabilité des personnes publiques. Droit. Université de Bordeaux, 2017. Français. ⟨NNT : 2017BORD0699⟩. ⟨tel-01896740⟩



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