ERDEM-NEWSLETTER-2018-metin

52 NEWSLETTER 2018 The requirement of using trust in relation to a particular business is also notable; in this manner, a private relation between the trusted and the trustful must be established 7 . The Court of Appeal also re- quires the use of trust as related to a particular job in order for liability to be borne: “…if the liability of the subsidiary is caused by tortious act, then the trust liability of the parent company may not be relied upon. For the origination of such liability (trust obligation), a transaction-based contact is required.” 8 Liability In the event that the persons that the Company abused its reputa- tion through have suffered frustration and damage by mistaking that trust, such persons are entitled to initiate a compensation claim against the parent company. The scope of the liability consists of the damages caused by the expectation arising from the trust; otherwise, not all damages caused by the operations and decisions of the company that has benefited from the reputation, may be claimed against the parent company 9 . The use of the name or logo of the group company is not required for the parent company to be held liable; in the event that the standard provided by the affiliated companies does not match the parent’s or group of companies’ reputation, the parent company should be liable for the harmful consequences as it has failed to object to the use of its name 10 . The Court of Appeal also conditions its decisions upon the exis- tence of the liability of the parent company to make statements and seeks to provide a certain level of confidence and established behav- iors and explanations for their expectations: 7 Tekinalp, Ünal : Sermaye Ortaklıklarının Yeni Hukuku, updated 4th ed., İstanbul, 2014, p. 675. 8 Şener, Oruç Hami : Teorik ve Uygulamalı Ortaklıklar Hukuku Ders Kitabı, 2015/ II, p. 191-197. 9 Poroy/Tekinalp/Çamoğlu : Ortaklıklar Hukuku I, Rewritten 13th ed., İstanbul 2017, p. 795. 10 Pulaşlı , p. 322.