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Liability arising from interference with the contract

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2023
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Abstract (EN)

In the Turkish Legal System, in order for a loss to be covered within the scope of tortious act liability, there must be an absolute right on the damaged subject or the damage must occur due to a violation of a protection norm. Damage to a relative right subject by a third party is not considered within the scope of tort liability by the prevailing opinion in the doctrine. This is also the case when the subject of the right causes damage by causing the third party's relative right debtor to violate the debt. In particular, the fact that the third party has damaged the relative right arising from the contract by his own act is not considered as a tort within the scope of the principle of relativity of the contract. However, this acceptance leads to unfair results in disputes where the third party deliberately acts to the detriment of the creditor. Based on this idea, it is accepted that in many legal systems, third parties can harm relative rights issues, and academic studies are carried out defending the idea in question. Within the scope of this study, the issue of whether the third parties who intervene in the contract can be compensated within the framework of tortious acts in case of damage due to their intervention is discussed. In the study, first of all, the terms related to the subject, the scope and limits of the subject and its place in comparative law are discussed. Afterwards, it has been examined whether liability has arisen within the framework of tort provisions and special dispute groups.

Author

Bedia Güleş

How to Cite

Bedia Güleş (Doctorate thesis). Liability arising from interference with the contract, 2023, Ankara University.

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