A comparison of compensation come up tort with compensation that come up against protection measures

Our study on the comparison of tort claim and claim for breach of protection measures containsthree sections. In the first section, we have provided overall information on Tort Liability, which is regulated by the Turkish Code of Obligations, and the tort elements and legality issues have been addressed. In the second section, we have analyzed the relevant concepts under "Claim for Protection Measures" title and examined the provisions of the national legislation and observed the protection measures concept and common characteristics of protection measures, and protection measures, application conditions and reasons for claim which will be a subject for claim under Turkish Criminal Procedure Code.In the third section, we have individually examined each claim provisions under several different titles and put our emphasis on the common and different properties. In the conclusion section, we have evaluation such different and common properties. Tort claims have been regulated by the private law and stipulated in the Turkish Code of Obligations.Protection measure claim is regulated by the public law and stipulated in the Turkish Criminal Procedure Code. In general terms, if one damages another in a legal sense, this damage will be compensated according to the general provisions of the Turkish Code of Obligations.The lawmakers may regulate special provisions apart from the general regulations for some specific cases. Protection measure claim is one of them. According to the article 49 of the Turkish Code of Obligations, "Any person who, by his faulty and unlawful behavior, causes damage to another is obliged to provide compensation."In order to consider an action as a tort, the action must be illegal, there must be a fault, damage and there is a causal relationship between the action and the damage. For protection measure claim; state, which has the public power and uses this power through respective civil servants and other government officers, has to compensate the pecuniary and non-pecuniary damages that are incurred by the third parties from such civil servants and government officers. Keywords: Tort, Protection Measures, Compensation, Liability