ERDEM-NEWSLETTER-2018-metin

50 NEWSLETTER 2018 Trust Liability in terms of Groups of Companies * Att. Melisa Sevinc Atilganer Introduction Article 209 of Turkish Commercial Code No. 6102 (“TCC”) has set forth obligations that are subject to damage caused by the trust and reputation of the parent company, as created with society and the consumer. Accordingly, “in the event that the reputation of the parent company and the group of companies reaches a certain level which provides trust to society or the consumer, the parent company is liable for the trust created by utilization of this reputation”. Conditions of Trust Liability For the implementation of the liability of reliability under Article 209 of the TCC, the following conditions must be met: (i) the group of companies has created a reliability to society and the consumer through the reputation earned; (ii) the plaintiff has expectations due to the reputation of the group of companies; and (iii) the parent company supports, explicitly or implicitly, the connection of the group of companies. Group of Companies Implementation of the provision is subject to the existence of a group of companies in terms of Article 195 of the TCC. However, the parent of the group of companies is not necessarily required to be a company. Economic entities owned by real persons can also control a group of companies, and may be held liable within this scope 1 . * Article of April 2018 1 Battal, Ahmet : Şirketler Topluluğunda Güvenden Doğan Sorumluluk, p. 1, http://