The application of the provisions regarding tortious act liability in cases of breach of contract

Turkish Code of Obligations Article 114/II states that "Provisions regarding tortious act liability are also applied to cases of breach of contract by analogy." In this study, the scope, application area and results of the relevant provision were examined. The study consists of three parts. In the first part, the provision of the Turkish Code of Obligations 114/II has been dealt with in the systematic of the law and the enactment process in the Swiss Code of Obligations has been examined. Then, the elements of contractual liability and especially the damage have been compared with tort liability and its different aspects have been mentioned. After the explanations regarding the determination of the damage, in the second part of the thesis, it is explained which tortious act provisions can be applied by analogy in the compensation of the damage arising from the breach of contract. In addition, some concepts that have similar aspects with pecuniary compensation are mentioned. In the third and last part of the study, the tort provisions, which are controversial whether they can be applied in the responsibility arising from breach of contract, are examined by referring to the views in the doctrine and the Supreme Court decision.