Responsibility of possessor of the building and contruction work

Buildings and construction works which are the indispensable part ofour daily life have not only advantages but also have perils. For this reason,law-maker ordered the responsibility of possessor of the building andconstruction work as a state of responsibility not based on negligence in theLaw of Obligations.The ground of responsibility is based on the contradiction to objectivecare taking obligation in the ordinary reason responsibilities.According to the provisions of Law of Obligations Article 58, aresponsibility might be arisen, if those conditions are present: a building orconstruction work is existed; the damage was arisen due to constructionaldefect or lack of maintenance, not having terminated causality ties.Actions for damages which will be opened based on the Article 58against the possessor subject to tort limitations for one and ten years,ordered in the Article 60. However, for the possessor who compensated thedamages in accordance with the Article 58/II regarding to right of recoursewhich the possessor my assert to third persons who are responsible tohimself, the special limitations may be applied according to nature of thelegal relations which constitutes the reason of this responsibility. According tothis, the possessor?s right of recourse against person from whom hepurchased the building subject to limitation period of five years. In case if theseller?s fraudulent acts are present, this period will be extended to ten years.Furthermore, for the reason of provisions of Article 58 ordered the faultlessresponsibility condition, the penalty limitation provided in the Article 60/II andlonger periods have no field of application.Our law of obligations not only contented with the provisions effectedin the subject of compensation of the damages arisen by building orconstruction works, but it also gives power and authority to the person tohave precautionary measures taken before the damage is arisen who facedwith the peril of damage due to a building or construction works belonged tothird persons and by way the law protects him from those types of perils bythis arrangement. In order to apply this provision, the possessor?s fault or theperil arisen from the constructional defect or lack of maintenance is notrequired.