Tort Liability: Guide to Compensation under TCO Art. 49-76

Summary and Key Information

Tort Liability: Guide to Compensation - Essential information: This guide explains the legal basis for seeking compensation for damages caused by wrongful acts in Turkey.

Introduction

Tort liability (haksız fiil sorumluluğu) occurs when someone causes damage to another person through an unlawful and negligent act. Under Article 49 of the Turkish Code of Obligations (TCO), “Whoever causes damage to another in an unlawful manner, be it willfully or negligently, is obliged to repair it.”

Elements of Tort Liability

For a valid tort claim in Turkey, four elements must be present:

1. Unlawful Act: The act must violate a legal rule or a protected right (e.g., physical integrity, property).
2. Damage: There must be actual harm, either material (financial loss) or moral (emotional distress).
3. Fault: The perpetrator must have acted with intent or negligence.
4. Causal Link: There must be a direct link between the act and the damage.

Types of Compensation

Material Compensation (Maddi Tazminat)

This covers financial losses, such as:

• Medical expenses.
• Loss of earnings (past and future).
• Loss of support (in case of death, for dependents).
• Property damage (e.g., vehicle repair costs, loss of value).

Moral Compensation (Manevi Tazminat)

This is financial compensation for the emotional pain, suffering, and distress caused by the act.

Limitation Periods

According to TCO Article 72, the statute of limitations for tort claims is 2 years from the date the victim learns of the damage and the perpetrator, and in any case 10 years from the date of the act. If the act also constitutes a crime, longer penal statutes of limitation may apply.

Expert Legal Support: Proving fault and calculating damages requires careful legal work. We provide expert support in tort litigation.

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