The impact of the exemption clauses on the tort liability(Under Art. 115 and Art. 116 of Turkish Code of Obligations)

As the meaning of compensate damages, liability can result from tort or breach of contract. In accordance with this distinction, the liability of tort and contract is regulated in different parts of the Turkish Code of Obligations No. 6098. Under the principle of freedom of contract, the parties have the ability that set different rules than the legal provisions of the agreement. For this reason, the parties may limit the contractual liability of the debtor with an exemption clause in accordance with the provisions of Articles 115 and 116 of the Turkish Code of Obligations. However, there is no legal regulation on whether or not the tort liability may be limited to the exemption clauses. Therefore, in the event of competition for legal liability reasons, it is necessary to examine whether the exemption clauses can affect tort. In our opinion, it will be concluded that the primary purpose of tort liability is to compensate the damage (compensation) and may be limited by exemption clauses.