287 / 516
Non-Liability Agreements under the Provisions of the Code of
Obligations
*
Att. Suleyman Sevinc
General
Waiver or release of liability with party agreements can take dif-
ferent forms in practice. The most common form is the intention to
waive of liability by the type of the fault. Fault types are classified as
intentional tort, gross negligence and slight negligence in our law sys-
tem. Lawmaker has restricted the non-liability agreements in the Code
of Obligations in Articles 99 and 100 No. 6098 (in Articles 115 and
116 of the Code of Obligations (TCO) No. 6098 which shall enter into
force on 01.07.2012) based on degrees of fault.
Articles 99 and 100 of the Code of Obligations are as follows:
“Article 99
Every condition that shall hold the debtor exempt from liabil-
ity in the event of deception or gross negligence shall be null.
In the event of slight negligence, if the creditor is under the
service of the debtor when the agreement indicating that the
debtor shall not be liable for slight negligence is made or if the
liability is due to an action that is subject to concession issued
by the state, the judge may consider said condition null based
on his discretion.”
“Article 100
Person, assigning fulfillment of a debt or exercise of a right
arising from a debt to persons who live with him or work
under his management in conformity with the laws, shall be
responsible for the losses caused by said persons during
performance of the works.
LAW OF OBLIGATIONS
273
*
Article of July 2012