Bodily harm arising from tortious act and liabiliy arising from bodily harm

Article 49 of the Turkish Code of Obligation titled "Debt Relationships Arising From Tortious Act", provides that; "A person who damages someone with a defective and unlawful act is obliged to remedy this damage." For the liability for damages to arise, a person must cause damage to another person by a defective and unlawful act, in other words, cause a deficiency in that person's assets. The damaged person may apply to the court and request compensation by the damager for the deficit in her/his assets. In determining the compensation, the nature of the defect and damage is primarily taken into account. A person whose damaged due to the tortious acts to which she/he is subjected must be compensated for the economic deficiencies in her/his assets that occur against her/his will. Physical damages are the damages which are occurred when someone's bodily or spiritual integrity is violated. Article 54 of the Turkish Code of Obligations determines the scope of the physical damages. It stipulates that the treatment expenses, loss of earnings, losses arising from the decrease or loss of working power and losses arising from the shaking of the economic future of the damaged person should be compensated. Articles 51 and 52 of the Turkish Code of Obligations regulate the determination and reduce the compensation amount. With these articles, the judge is given a wide margin of discretion to reduce and completely remove the compensation in certain situations.