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creditor is given the chance to see the non-liability statement and
understand its contents and the contract relationship is established
afterwards, it can be assumed that the creditor has accepted said non-
liability statement. However, said consequence shall require that the
creditor is subject to the conditions to see the non-liability statement
with a care that is expected from everyone. Otherwise, the creditor is
not liable for searching and finding said records and cannot be expect-
ed to read the records that are not written in a way that can be read and
understood by everyone. Said kinds of records may be taken into con-
sideration as a cause of reduction of the compensation under the lia-
bility of unjust action. The action of the addressee, who has been
warned as a result of a unilateral expression of will, failing to pay
attention to this warning and suffering a loss as a result of said action,
may be considered as a concurrent negligence.
Limits of Non-liability Agreements
Article 19 of the Code of Obligations indicates that the subject of
the contract may be determined freely within the limits set by the laws;
however, it is stated that these shall be applicable provided that these
are not in breach with the laws, ethics, public order and personal rights.
It is stated in Article 27 of the TCO that the agreements that are in
breach with the imperative provisions of the law, moral, public order,
personal rights and agreements with an impossible subject are strictly
null and void.
Article 99 and 100 of the Code of Obligations (articles 115 and
116 of the TCO) regarding non-liability agreements should be men-
tioned as imperative provisions in our law. Pursuant to the main prin-
ciple stipulated by Article 99 of the Code of Obligations (115 of TCO),
waive of the liability resulting from intentional tort or gross omission
of the debtor (gross negligence with the term in Article 115 of TCO)
shall be in breach with the law. Pursuant to Article 99, even if the
responsibility resulting from slight negligence may be waived, the non-
liability agreement may be considered null and void based on the dis-
cretion of the judge in the event the debtor is performing actions under
a concession provided by the state or if the creditor is an employee of
the debtor. However, even if the debtor has ensured that all kinds of lia-
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