Tort Law In Turkey

Introduction

Tort law governs situations where one party’s wrongful act or omission causes harm or injury to another, leading to legal liability. Common examples include car accidents, property damage, and excessive noise disturbances. If a court recognizes a claim, the responsible party is held liable, and compensation is awarded to the victim.

Key Conditions for Establishing Tort Liability

Under Turkish Civil Law, four fundamental conditions must be met for a tort claim to be valid:

1. Unlawful Act or Omission

• A tortious act can be either an action or a failure to act.
• It includes violations of laws, regulations, and general legal principles.
• Example: A landowner leaving a deep hole in their yard without a warning sign may be held liable if someone falls in.

2. Damages (Material or Moral)

• Compensation in tort law is primarily monetary.
• Material damages include physical or financial loss, such as vehicle damage or property destruction.
• Moral damages compensate for emotional distress, such as the suffering of a parent due to the loss of a child.
• Courts generally prioritize material damages over moral damages.

3. Causation (Cause-and-Effect Relationship)

• A direct causal link must be established between the wrongful act and the harm suffered.
• The court applies legal tests to determine whether the defendant’s conduct directly caused the damages.

4. Negligence or Intentional Fault

• Liability arises if the wrongdoer failed to take reasonable care (negligence) or acted intentionally.
• Certain individuals, such as minors or persons lacking mental capacity, may not be held fully liable.
• However, liability is not limited to negligence—owners of defective buildings may be liable even without direct negligence.

Compensation for Tortious Acts

When tort liability is established, the injured party has the right to claim compensation, which is assessed in two stages:

1. Assessment of Injury or Damage
   • The court determines the extent of harm suffered by the victim.
2. Determination of Compensation
   • The court considers circumstances, degree of fault, and contributory negligence when calculating damages.

If the claimant partially contributed to the harm (contributory negligence), their compensation may be reduced accordingly.

Tort Claims in Case of Death (Third-Party Injuries)

If a tortious act results in death, the deceased’s dependents (family members or individuals financially reliant on them) may claim compensation for economic and emotional losses.

Statute of Limitations for Tort Cases in Turkey

Turkish law limits the timeframe within which a tort claim can be filed:

• 1 year from the date the victim became aware of the damage and the liable party.
• 10 years from the date the wrongful act occurred, regardless of when the victim became aware.

If the tort constitutes a criminal offense, the longer statute of limitations under Turkish Penal Law applies.

Private International Law and Torts in Turkey

Applicable Law in Cross-Border Tort Cases

Under Article 34 of the Turkish Private International Law and Procedural Law (PIL Code), the governing law in tort cases depends on the location of the act and damage:

• If the act and the damage occurred in the same country, that country’s law applies.
• If the act occurred in one country and the damage occurred in another, the law of the country where the damage occurred applies.

Exceptions – Closer Connection Principle

If the case has a stronger connection to another country (e.g., both parties are from the same country), the court may apply that country’s law instead of the lex loci delicti commissi (law of the place where the tort occurred).

Conclusion

Tort law in Turkey ensures that wrongful acts and omissions leading to injury or harm result in legal liability. To succeed in a tort claim, the claimant must prove:

• An unlawful act
• Actual damage
• A causal link between the act and damage
• Negligence or intent by the wrongdoer

In cross-border cases, Turkish law follows international private law principles to determine jurisdiction and applicable law.

For legal assistance regarding tort claims and compensation in Turkey, consult a Turkish tort law attorney.