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The strict liability of the construction owner and the legal liability of the construction auditing institutions

2022
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Advisor: Doç. Dr. Zeynep İpek Yücer Aktürk

Abstract (EN)

The liability law regulated in the Turkish Code of Obligations is defined in different ways in the narrowest, broad and narrowest sense. The principles of liability law are defect, contract and law provision. There are two separate classifications in liability law. The first of these classifications is in terms of resources and is divided into intracontractual and non-contractual terms. The other classification is divided into two types: tort liability based on defect and cause liability based on defect. When tort constitutes the issue of tort liability based on fault; non-defective cause liability is examined within the framework of equity liability, hazard liability and ordinary cause liability. The responsibility of the building and the building owner is regulated as perfect responsibility in the Turkish Code of Obligations. The building and building owner is held responsible for the damages arising as a result of the deficiencies in the construction defect and maintenance of the building and the building work with the regulation in Article 69 of the Turkish Code of Obligations. The liability of the owners of the right of restitution and residence is limited to the maintenance deficiencies of the building and the building work. In addition to the perfect responsibility of the building and building owner, the inspections of the structures are also important. Building inspection is a control mechanism that ensures that structures are built within the framework of science, art and health rules in order to continue people's lives in a safe and healthy way. The main purpose of building inspection is to produce qualified and healthy housing to meet one of the basic needs of people. The production of healthy and qualified houses will be possible with the full realization of the legal legislation and necessary conditions during the project and implementation phase. Buildings in Turkey are inspected within the framework of the Law No. 4708 on Building Inspection and the Building Inspection Implementation Regulation. The Law on Building Inspection is a special law and as can be understood from the problems arising in practice, there are many issues that are not regulated by this law. The regulations in the Turkish Code of Obligations are utilized regarding the issues that are not regulated. In case of determination of legal responsibility, compensation can be awarded and the owner can use the right of recourse against those responsible. The deficiencies in the legislation could not be eliminated by the arrangements to be made in the laws and regulations. Key Words: Liability law, demage, compensation, building audit.

Author

Dr. Hilal Ahmetoğlu

How to Cite

Hilal Ahmetoğlu (Master Thesis). The strict liability of the construction owner and the legal liability of the construction auditing institutions, 2022, Baskent University.

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