Strict liability in Turkish Code of Obligations

Strict liability constitutes the most severe type of liability among non-contractual liability types. During the period of the Code of Obligations No. 818, similar to the Swiss and German legal systems, strict liability was recognized in Turkish Law with special regulations. This situation continued until the adoption of the Turkish Code of Obligations No. 6098 (TCO). With Article 71 of the TCO, the legislator has now introduced a general norm of strict to the liability law. With this regulation, the legislator holds the owner and the operator jointly and severally liable in the event of a damage arising from a significantly dangerous activity of an enterprise. In this way, in the absence of special legal regulations, compensation in the sense of strict liability is brought to the agenda for those who suffer damage due to the realization of the typical danger. The legislator, who envisaged liability for compensation under Article 71/f.1 of the TCO, envisaged equalization for damages upon demand, even if such activity of an enterprise that poses a significant danger is permitted by the legal order, under Article 71/f.4 of the TCO. In the doctrine, many opinions have been put forward on this paragraph and there is still no consensus on the application of the provision. At this point, this study focuses on the legal qualifications of the strict liability, which stipulates a compensation burden under Article 71/f.1 of the TCO, and the equalization institution stipulated under Article 71/f.4 of the TCO. The elements foreseen for both types of liability and their differentiating aspects are analyzed. On the other hand, "whether the fact of unlawfulness is required in strict liability, on which damage items the compensation is valid, the criterion to be taken as basis for the causal link and the statute of limitations" are also analyzed. Finally, the issues of joint and several liability and limitation of liability in strict liability are analyzed in the light of Article 71 of the TCO. Our study is concluded with a conclusion. The aim of the study is to seek answers to the questions regarding Article 71 of the TCO through the evaluations in the doctrine and the jurisprudence of the courts.