273 / 522
The Liability of More Than One Person for the Same Damage
Pursuant to Turkish Code of Obligations numbered 6098
*
Assoc. Prof. H. Murat Develioglu
Introduction
In the event that more than one person is liable for the same dam-
age, the relationship between the injured party and the liable persons –
referred to as the “exterior relationship,” – and the relationship
between the liable persons - are regulated differently under the abro-
gated Code of Obligations (“aCO”) numbered 818 and Turkish Code
of Obligations (“TCO”) numbered 6098. Below, the liability of more
than one person will be dealt with and, then, the differences under the
said two codes will be explained.
The Concept of Liability of More than One Person
The liability of more than one person primarily means the liability
of more than one person on the grounds of general tort law, or multi-
ple grounds for responsibility. In accordance with tort law provisions,
neither mutual fault nor wrongful intention is required for the liability
to arise. The examples regarding multiple grounds for responsibility
are listed as follows:
• General tort law liability and instances of objective liability
may occur at the same time. The most typical example is an
employer’s liability for damages caused by one of its employ-
ees pursuant to TCOArt. 66 (aCOArt. 55), and said employee’s
liability pursuant to TCO Art. 49 (aCO Art. 41).
• Objective liability of more than one person may be in question.
For instance, in the case of damages caused by a window that
LAW OF OBLIGATIONS
257
*
Article of March 2015