Non-liability agreement for the actions of auxiliary person

Our study is based on the article 116 of the Turkish Code of Obligations (TCO), which regulates the liability of the debtor in the face of the damages caused by the actions of the auxiliary person, which we collaborate individually in many areas of our lives or commercial activities, maybe consciously or unconsciously. In the first part of the study, the concept of the auxiliary person, its types and the difference from similar concepts will be discussed. In the second part, various opinions in the literature regarding the legal basis of the debtor's responsibility arising from the actions of the auxiliary person will be included and the necessary conditions for the debtor to be responsible for the actions of the auxiliary person will be examined in detail under the light of the literature and the Supreme Court decisions. The fault of the auxiliary person, which is one of the liability conditions, and the concept of hypothetical fault, which is a special type of fault, will be mentioned. Moreover, the consequences of responsibility arising from the actions of the assistant will be explained in this part. In the third and the last chapter, the definition of agreements that limit or eliminate the debtor's liability arising from the actions of the auxiliary person will be defined, and their general characteristics, legal nature and difference from similar theories will be revealed. Additionally, the limits of non-liability agreements will be determined and the effects of these agreements on third parties and the consequences of not complying with the limits will be discussed based on the Supreme Court decisions and the opinions in the literature.