Multiple persons joint liability due to torts from same damage

In the matter of joint liability, more than one person take part in a damaging behavior. Because of this, the problem appears that how to compensate for the damage loss. There is a process called external relationship in the matter of joint liability and in that process the main opinion is to protect aggrieved primarily while solving the dispute. In this relationship, aggrieved can resort any of the people who cause damage. There is another problem arises after the payment of the whole compensation: the apportionment of the compensation between the people who cause damage. This problem is about the system of recourse between the people who cause damage in internal relationship. In this system, the main goal is to apportion the compensation between the people who cause damage with justice. In our study, the provisions of Code of Obligations (Act No. 818) and the provisions of Turkish Code of Obligations were compared and the new provisions are examined in detail. These new provisions are Artikel 61., Artikel 62. and Artikel 73 of Turkish Code of Obligations.In Artikel 61 of Turkish Code of Obligations regulates external relationship, the people who cause damage become joint liability whatever the liability reason is. Code of Obligations (Act No. 818) regulates this issue in a different way that regulates the issue by distinguishing full concatenation-lacking concatenation. In the provisions of Turkish Code of Obligations there isn?t such a distinction, all of responsible people are subject of the same rules. In Artikel 62 of Turkish Code of Obligations regulates internal relationship, that gives place to the gross of fault and the intensity of danger in the system of recourse. In the period that Code of Obligations (Act No. 818) was in force, apportionment have been made by the only criterion that is fault criterion. This apportionment aroused unfair results. The legislator took into account this situation and agreed criteria will be taken into account the intensity of danger. In this way, the new regulations are suitable for the developments in the law of responsibility.In Artikel 73 of Turkish Code of Obligations regulates limitation of recourse. There wasn?t such a time limit in Code of Obligations (Act No. 818). Limitation of recourse means a time limit of request of recourse the people who cause damage against each other in internal relationship. Keywords: Joint Liability, Aggrieved, The People Who Cause Damage, Code of Obligations (Act No. 818), Turkish Code of Obligations, External Relationship, Internal Relationship, The System of Recourse, Gross of Fault, The Intensity of Danger, Limitation of Recourse