Methods of limiting and removal damages of cooperative person under Turkish Code of Obligations

In accordance with the article 116 of Turkish Code of Obligations, the debtor who delegates the performance of an obligation or the exercise of a right arising from a contractual obligation to an associate is liable to the other party for any damage the associate causes in carrying out such tasks unless he proves that he would not be liable if he acted himself. Although it is stated that the debtor will be liable, the lawmaker -who is aware of the breadth of the content of the concept of the associate- gives debtor the right to limit or remove responsibility, provided that they agreed with the creditor before the damage occurred. In this context, it is stated that that the agreement between the creditor before the damage occurs will be valid both on the condition that it does not contradict the limits to which all contracts are subject and the boundaries to which exemption clauses are subject, and that the debtor will be freed or limited of liability. As it rules, the debtor will be liable for all material-moral, direct-indirect-reflection and positive-negative damages that occurs. Keywords: Debtor, Creditor, Cooperatıve Person, Exemption Clauses, Breach Of Contract, Tort, Damages, Compensation