LPG procurement contracts within the energy procurement contracts and compensations for the damages and losses coused by LPG

Consumers and third parties are usually affected by the damages for pain and suffering losses due to either misuse or product defects of LPG. There are different opinions in our doctrin for the compensation of these damages and losses. Some writers support the principles of contractual liability, where some others support the law of tort and finally some favor strict liability. Supreme Court decisions impose the law of tort to be applied for the product liability. Law of tort is based on negligence. The plaintiff is supposed to prove the negligence of the manufacturer. But, the complexity of the today's technology has made the liability of the manufacturer difficult to prove. The provisions of the Law of Torts are infavorable with respect to the provisions of the conventional law. Because the time limitation is shorter and the disposal of proof belongs to the plaintiff. On the other hand, third parties face the difficulty of claiming for compensation of damages and losses according to the conventional liability since they are not a side of the contract. Another kind of liability is needed in our doctrin to overcome these problems. This liability is named as "strict liability" which is commonly imposed in European and American Law. Strict liability envisages solely the damage and causal relation and does not seek negligence. This is favorable to the plaintiff. The damage and losses must be compensated by the manufacturer by means of this liability. With the Law of Insurance (Art.29), the Cabinet is authorized to levy on compulsory insurance in case of necessity for the sake of the community. Based on this article, the Cabinet issued Decision no.91/2253, which is articulating "Hazerdous Materials and LPG Liability Insurances". Code of Protection of Consumers, adopted in 1995, has brougt up many possibilities in favor of consumer. The compensation of the damages and losses of the consumer has been facilitated although not clearly defined as strict liability. Above mentioned arrangements are very important steps through the protection of the comsumer. İn addition to these, drafting a general articulation of strict liability, similar to the law of tort, to be place into the Code of Obligations and imposing private laws for each hazerdous material, will surely fill a vacancy in this field.