Master'sOpen Access

Legal liability of the mining operator

2023
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Advisor: Prof. Dr. Mahmut Yavaşi

Abstract (EN)

The mine is located in natural resources. Although the concept of mining and mining dates back to ancient times, tools made of lighter heads dating back 500,000 years have been found. Along with the mine, which has such an old history, the concepts of mining and mine operators have also developed. So much so that the responsibilities of the mine operator in various fields of law have emerged and regulated. The legal responsibilities of the mine operator within the scope of the Code of Obligations, Civil Code, Commercial Code and Insurance Law have been examined. In the first part of the study, the subject of responsibility is explained. First, legal liability is explained in detail as fault-based and strict liability. Afterwards, criminal responsibility was evaluated under the headings of intent, negligence and the abolition or reduction of criminal responsibility. In the second part of the study; The concepts of "mining operator and mining operation" have been clarified. Who can operate a mine and who is a trader are discussed. In the third chapter, the responsibility of the mine operator is explained. First of all, the legal responsibilities of the mine operator are discussed. The legal responsibility of the mine operator is explained under the headings of danger liability and supervision obligation. Afterwards, the criminal liability of the mine operator is discussed. Finally, the cases of avoidance of responsibility; force majeure, serious fault of the injured party and serious fault of the third party are explained under separate headings. Keywords: Mine Operator, Legal Liability, Mining Law.

Author

Dr. Merve Akyol Çörekci

How to Cite

Merve Akyol Çörekci (Master Thesis). Legal liability of the mining operator, 2023, Ankara Social Science University.

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