In order to achieve public interest, administration carries out a lot of lawful of legal and physical businesses. As a result, a lot of individuals often were exposed to a great harm and damage. Therefore, they should be compensated for this damage to achieve the rules of justice and equity that are imposed by justice to bear the consequences of its actions even if it is lawful and to be more responsible without any mistakes.

For reaching this goal, and in the lack of wrong idea about addressing this issue, and in order to support this responsibility, this study is done to treat an uneasy subject. It is conducted to highlight the most important foundations and pillars which are being responsible for a administration without mistakes. Throughout exposing the doctrinal views that responded to the subject of study in France and the contradictions that had been witnessed in identifying of that responsibility, to conclude the situation of French State Council, and to find a solution for this contradiction, the study approved its hypotheses in distinction between the factual basis and the legal one for promoting this responsibility.