Contributory negligence

The set of behaviors that a reasonable, faithful and prudent person should avoid in order not to suffer damage is defined as the contributory negligence. It is regulated under the Turkish Code of Obligations Art. 52/I as a ground for reduction from compensation and it derives its source from the good faith under the Turkish Civil Code Art. 2. The circumstances that are attributed to the injured party as fault are that the injured party influenced the occurrence of the damage and caused the damage to increase. In a case where the injured party is fault, the judge has the discretion to reduce or eliminate the compensation. The judge shall apportion the liability between the parties in proportion to their faults by evaluating the circumstances of the concrete case. The faulty behavior of the injured person is taken into account in calculating the compensation, not in determining the damage. Although this is regulated as a reason for reduction in tort liability, it is also applied to contractual liability and causal liability; it is also taken into consideration in the compensation for both material and moral damages. In this study, contributory negligence, which is important in terms of preserving the balance of interests between the parties and ensuring legal certainty, has been examined in detail in the light of judicial decisions and special regulations and practices regarding this reason for reduction have been tried to be revealed.