Abstract EN:

The study of exemption causes is inevitably linked to the objectives of the law of responsibility which consists in ensuring a social balance which is always precarious. Such an objective requires, indeed, some adaptability in the enforcement of the rules that only the exemption causes are susceptible to impart. In the administrative litigation of the responsibility, the original aspect of the problem stands in the internal structuration of the exemption causes. Contrary to the civil right where the absolute necessity and the fortuitous case merge, here, one has learnt to dissociate them. Thus, the exemption causes are composed not only of causes said to be external (absolute necessity, act of the victim, act of an outsider) but also of the fortuitous case. The former have the particularity to be external to the circle of the defendant. The fortuitous is not. Despite the fact that it has contravened sharply it has given rise to, it remains an internal cause if all the exception causes theoricaly, have, the effect of freeing the defendant of the obligation to make up for the damage caused, the hauting question of the foundation of this discharge effect still needs to be answered. Are the thesis of the remission of the offence or the rupture of the causal link between, on the one hand the fact ascribed to the defendant satisfactory? One can doubt about it. Consequently, the prescriptive explanation which founds the effect of the exemption causes basically on the prescriptive power of the administrative judge seems to be a credible alternative.