Landowner's liability

Landowner's liability, which is the topic of our thesis, is arranged under the 730th article of the Turkish Civil Code (TCC) and is a type of liability with many scopes of application. Since in this type of liability landowners are not permitted to bring proof of liberation, it is considered as a type of strict liability. Even though the Landowner's liability is arranged in the TCC, its terms are determined according to the Turkish Code of Obligations. Therefore, covering the topic of this thesis we are guided by the principles of liability law. Our thesis is divided into three parts. In the first part, the fundamentals and legal characteristics of liability, while comparing it to the other types of strict liabilities, are covered. In the second part, conditions of tort liability and the conditions of liability in inevitable situations that fall under the scope of "balancing of sacrifices" principles are examined. Finally, in the third part, legal outcomes of landowner's liability are examined under the subheadings of types of cases that can be filed, litigants, the burden of proof and lapse of time, and competition of liabilities. In our study, the liability of the polluter and the landowner, which are very similar in their extents and elements, are compared and the differences between them are presented. Moreover, the study aims to solve the problems arising as a result of property rights violations, caused by excesses, in legal disputes whose litigants are either public corporate entities or administrations.