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If a service, profession or craft requiring expertise can only be
provided with the concession provided by the laws or autho-
rized departments, the agreements previously made indicating
that the debtor shall not be responsible for the acts of the
assisting persons shall be strictly null and void.”
In addition to these, certain contract provisions that are included
into the agreements and that are considered as not being related with
fault and moreover, all kinds of agreements that weaken the legal sta-
tus of the creditor may be considered as a non-liability agreement as
per the Articles 99 and 100 of the Code of Obligations.
Exemption from liability refers to waive of the liability complete-
ly with the agreement of the parties. It is claimed in the doctrine that
complete waive of the liability is not possible pursuant to Article 99 of
the Code of Obligations. Moreover, it is stated that within the frame-
work of this provision that a non-liability agreement covering inten-
tional tort and gross negligence is strictly null and void and that it is
irrelevant to say that the liability is waived completely with non-liabil-
ity agreements covering slight negligence. However, provisions of
100/2 of Code of Obligations are omitted here. Pursuant to this provi-
sion, responsibility of the debtor may be discharged completely from
the losses that may be caused by the assisting persons.
Although complete waiver of the liability resulting from actions of
the assisting persons can be possible in principle, the debtor cannot
sign a non-liability agreement related with losses that are caused by
him in terms intentional tort and gross negligence. Thus, when only the
agreement related with the assisting persons are taken into considera-
tion it can be said that the liability is waived in terms of the debtor but
when the non-liability agreement covering losses resulting from the
debtor’s own actions is taken into consideration, it can be said that the
liability is only subjected to limitation.
In the event of an agreement made for limitation of liability, the
issues of limitations in terms of subject, person, assets value, amount,
and time shall emerge.
Non-liability statements, which are unilateral expressions of will
provided for everyone, shall not be considered as non-liability agree-
ments since these do not contain a will agreement in principle. If the
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