L'effet de code Turc des obligations no. 6098 et code Turc de la santé et la securité au travail no. 6331 sur le caractère juridique de la responsabilité de l'employeur en cas de maladie et d'accident de travail

The legal characteristic of the employer's liability arising out of job accident and occupational disease have been discussed in the doctrine in terms of defect liability and strict liability for many years. There also exists duality in Supreme Court decisions regarding this issue. Concerning the employer's liability, while there are Supreme Court decisions which are based on defect liability, there are also decisions where the Supreme Court acknowledges strict liability for different reasons. After Turkish Code of Obligations No. 6098 and Occupational Health and Security Law No. 6331 entered in force, this duality and disagreement seem to have been affected. This study aims to present the impacts of both laws on the legal characteristic of the employer's liability arising out of job accident and occupational disease.