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NEWSLETTER 2011
232
Objective Liability in the New Turkish Code of
Obligations
7
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Att. Sedef Üstüner
In General
The Turkish Code of Obligations (“The Code”) n° 6098 which was
adopted on 11 January 2011 and published in the Official Gazette n°27836
on 4 February 2011 will come into force on the 1
st
of July 2012.
Although in the Code, the liability resulting from tortious acts is in
a general way addressed as a “fault liability” in the articles from 49 to
64, situations of “objective liability” are also addressed for exceptional
circumstances. The situations of “objective liability” called also “causal
liability” are dealt in the article 65 and the followings by a threefold
division: “strict liability”, “vicarious liability” and “danger liability”.
Strict (Absolute) Liability
The “Strict Liability”, which has been newly brought and set up in the
article 65 of the Code of Obligations, deals with the liability of persons
who do not possess the ability to discern. In this article, the liability of
tortfeasors, who do not have the power to discern, is construed by taking
every contingency into account. In this respect, in the situations where
the equity commands, proper causal relation, damage and illegality
elements are sufficient to hold tortfeasor, who does not have the ability
to discern liable for the damages caused by him, even if he is not at fault
or culpable.
Vicarious Liability
The Vicarious liability is set up in the Code in a threefold division
i) the employers’ vicarious liability, ii) the liability of the keepers of
animals, iii) the liability of the landowner.
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Article of November 2011