The liability of more than one person in tort

In case of that one person damage to another with faulty and unlawful act, this person is liable for the tort. In order to maintain and prevent individuals from damaging each other with unlawful acts, the tort liability is regulated in article 49 of Turkish Code of Obligations. The joint liability is liability when more than one person causes one and the same damage for the same or different legal reasons. The joint liability, wich is a sub-type of joint debt, is regulated in articles of 61 and 62 of Turkish Code of Obligations. The joint liability is regulated in order to strengthen the situation of the injured party and to provide compensation fort he damage more easily. The joint liability has two aspects. The first is the external relationship between the injured party and those liable for compensation. In external relationship, the injured party has right to demand the compensation for of the damage from any one of damaging persons. Each damaging person has to compensate the damage as if he/she is solely liable. The liable of the damaging persons continues until all the damage is compensated. In other words, the injured party has to apply to each liable person until the all damage is compensate. The second aspect of the joint liability is the internal relationship between those cause the damage. How to damaging persons divide the compensation among themselves after injured party is the subject of the internal relationship. The damaging person who pays more than his/her share to the injured party will have the right of recourse against the other damaging persons. In the internal relationship, the damage is sgared in proportion to the shares of those who cause the damage. In our study, these issues were examined by taking into account opinions of doctrine and the Supreme Court of Appeals. Keywords Code of Obligations, Law of Obligations, Tort Liability, Joint Liability.