Tort Law in Turkey: Conditions, Compensation & International Aspects

Introduction

Suppose a driver knocks you off your bike, or your neighbors make life unbearable with constant noise — are these legal wrongs you can sue for? These scenarios are examples of torts—wrongful acts for which the law provides a remedy, usually in the form of compensation.

In tort law, the central issue is liability: when is someone responsible for harm, and what are the consequences?

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1. Conditions for Tort Liability in Turkey

To claim compensation under tort law, four key conditions must be satisfied:

a. Unlawful Act or Omission

Torts may arise from violations of laws, by-laws, regulations, or even a failure to act when there is a duty. For instance, if a property owner fails to warn about a hazardous pit on their land and someone is injured, the omission may create liability.

✅ Liability from omission applies only where a duty to act exists.

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b. Damages

Tort victims are generally entitled to compensatory damages, which are assessed in monetary terms. These can be:

• Material damages: e.g., destruction of property, medical bills.

• Moral (immaterial) damages: e.g., emotional suffering due to the loss of a loved one.

Although courts typically require material damage, moral compensation may be awarded in exceptional cases.

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c. Causation

The damage must be directly caused by the wrongful act or omission. The court uses legal tests to determine the causal link between the defendant’s actions and the claimant’s harm.

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d. Negligence

Negligence arises when a person fails to take reasonable care to prevent harm. A key requirement is mental capacity — for example, minors cannot be held liable in tort due to lack of judgment.

Negligence is not the only ground for liability; owners may also be liable for structural defects in their property, even without fault.

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2. Compensation in Tort Law

If the four conditions are met, courts may award compensation. This involves:

• Stage 1: Assessing the actual injury or harm.

• Stage 2: Determining compensation based on circumstances and fault.

🔍 If the injured party is partly at fault (contributory negligence), compensation may be reduced proportionally.

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3. Third-Party Claims in Tort Law

In the event of a fatal injury, the victim’s dependents or relatives may claim compensation for loss of financial or emotional support.

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4. Statute of Limitations

Under Turkish law:

• The standard limitation is 1 year from the date the claimant becomes aware of the damage and the person responsible.

• Absolute maximum: 10 years from the date of the tortious act.

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5. Private International Law and Torts

Article 34 of the Turkish Private International Law Code (PIL Code) governs international tort disputes.

Key principles:

• Lex loci delicti commissi: The law of the place where the harm occurred applies.

• If the act and damage occurred in the same country, that country’s law governs.

• If the act and harm occurred in different states, the law of the place where the damage occurred applies.

• If another jurisdiction has a manifestly closer connection, that law may override lex loci delicti.

This flexibility ensures that justice can be tailored based on the true center of gravity of the dispute.

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Conclusion

Tort law addresses situations where one party’s actions or omissions harm another, leading to civil liability. For a successful claim, four conditions—unlawful act, damage, causation, and negligence—must be met.

The injured party may seek financial compensation, and Turkish law provides a clear framework for both domestic and international tort claims. Limitation periods, rules on contributory negligence, and international principles like lex loci delicti all play essential roles in ensuring fair outcomes.