Material injury and compensation in non-contractual liability
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Abstract (EN)
In order to arise a legal liability, in the event happened there has to be an injury. Even if the comportment is very bad or illegal, if no harm is done, the individual, who had committed the comportment or caused this event, cannot be held liable. Therefore in our study we will analyse the concept of injury and the compensation which have very big importance in our liability law. In our analysis we will also mention the arrangements about the Draft of Turkish Law of Obligations.The concept of injury has been evolving since the Roman law. In our day, different ideas have been suggested to expand the extent of material injury concept especially in German law. In Turkish law some opinions are emphasized in the same direction, too. Therefore, there has been a necessity to analyse the extent of material injury concept in the view of our law.Within this outline, in the first chapter of our study, we will analyse the purpose of the liability law and the principles of non-contractual liability law, after that, we will mention about the different opinions in the jurisprudence.In the second chapter, we will analyse the extent of material injury and its calculation under two topics; injury to the person and injury to the goods.After defining the extent of material injury, in the third chapter, we will analyse, how and in which proportion to compensate the injury, ways of compensation and possible reasons of compensation reductions.In the conclusion, we will mention the results and our opinions we have concluded in our study.
Author
Elif Aydın
Institution
How to Cite
Elif Aydın (Master Thesis). Material injury and compensation in non-contractual liability, 2009, Dokuz Eylül University.
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