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Comparatively with the European product liability directive, product liability according to product safety technical regulations law No. 7223

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2023
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Abstract (EN)

Product liability refers to the indemnity obligation of the producer of the product or those responsible, such as the producer, for damages to persons and goods caused by a defective product put on the market. According to the prevailing understanding in today's liability law, product liability is a non-contractual liability independent of fault. United States of America is the first country that legislated product liability. Soon after, with the influence of the US law, it was regulated in European law with a Directive No. 85/374, legislated by the European Community. In terms of Turkish law, product liability has been the subject of problematic legal regulations from past to present. Following the developments in Europe and with the application process for membership to the European Union, the legislator has regulated product liability for the first time in our law with an addition to the abolished Consumer Protection Law No. 4077. The relevant regulations could not reach their goals in terms of our law and were repealed by the Act on Consumer Protection No. 6502, thus creating a legal gap in Turkish law in terms of product liability. With Article 6 of the Product Safety Technical Regulations Act No. 7223, this legal gap has been eliminated by regulating the strict liability of the producer due to noncompliant products. However, the relevant regulation caused some problems by arranging product safety related to public law and product liability related to private law together. Within the scope of our study, product liability compensation regulated by the relevant law has been examined with a comparative perspective with European law.

Author

Doğukan Arık

How to Cite

Doğukan Arık (Master Thesis). Comparatively with the European product liability directive, product liability according to product safety technical regulations law No. 7223, 2023, Ankara University.

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