Legal obligations of parties for the loss they cause mutually

According to the 50th article of 818 numbered Law of Obligation. if more than one person cause a harm together then they are each liable up to the full amount of the relevant obligation. This obligation is called Joint Liability in doctrine. Aim of our study is to explain the 50th clause to Code of Obligation in detail.Conditions of this obligation, judgments, and situation in the new Law of Obligations are studied, by giving doctrine and Supreme Court of Appeals decisions.Joint Liability is a tort liability. For this reason conditions required for unfair act are also required for liability. In addition, several parties acting together and contributory negligence of these parties are also required.More than one party cause a harm due to mutual fault than they are they are each liable up to the full amount of the compensation ruled due to the act, without making discrimination between the person who actually did the act, provoker, or assister. The victim can demand the compensation either from all of them, some of them or just one of them.Defendants can obtain a reduction or even waive the compensation by contesting their common defense. Contesting common defenses is both a right and an obligation. There are several different opinions on personal defenses. The most profound opinion is to contest in external relation.If one of the responsible parties makes a payment to the victim then he can refer to the other defendants because of paying more than his share. This is called rescinding. The judge decides the rescinding ratio according to equity, defects of the people and benefit they gained from the act. Timeout in rescinding is debated.New Turkish Law of Obligation is going to become effective on 1 July 2011. In this study, decisions on Joint Liability, especially changed parts, are explained in detail.Key Words:1.Joint Liability2.Mutual Fault3.Tort4.External Relationship5.Internal Relationship