Tort

Legal Meaning

Damage may appear as a reduction in assets, a loss of earnings or a violation of personality values. The claimant, as a rule, proves the act, the damage, the fault and the causal link. Grounds of justification or events that cut the causal link may affect liability.

The scope of compensation is determined by the amount of damage, the fault of the parties, the conduct of the injured person and criteria of equity. Different heads of damage may arise for bodily injury, death, violation of a personality right and property damage.

Under Article 72 of the Turkish Code of Obligations (TBK), a claim for compensation becomes time-barred under the statute of limitations two years from learning of the damage and of the person liable for compensation, and in any case ten years from the commission of the act. If criminal law provides a longer statute of limitations for the act, that period applies; special liability regimes are examined separately. TBK Article 49/2 separately regulates the intentional causing of damage to another by an act contrary to morality, even where no prohibitive provision exists.

Core Elements and Practical Criteria

• The act, unlawfulness, damage, fault and causal link are examined.
• The injured party, as a rule, proves the elements.
• Cases of no-fault liability are regulated specially.
• The conditions for pecuniary and non-pecuniary compensation differ.

Practical Significance

Immediately after the event, medical documents, photographs, camera recordings, invoices, income documents and witness information should be preserved in a lawful manner. The heads of compensation and the time limits are determined according to the type of event.

Commonly Confused Concepts

• Breach of contract is based on the obligation relationship between the parties; a tort is based on the violation of a general duty of conduct.
• In unjust enrichment, what is central is not an unlawful and faulty act but a shift in assets without justified reason.

Practical Example

In a traffic accident, the driver’s conduct, the liability of the vehicle operator, the heads of damage, the degree of fault and the link between the event and the damage are examined together.

Frequently Asked Questions

Is fault always required in a tort?

As a general rule, fault is required; however, the law provides for no-fault liability in some cases.

Can a compensation action be brought without a criminal case?

Yes. Civil and criminal liability are different; however, the evidence and the need for a stay of proceedings pending a preliminary question are assessed in light of the specific case.