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Important Turkish Tort Civil Liability Question

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Old 23-01-2005, 15:41   #1
Konuk

 
Varsayılan Important Turkish Tort Civil Liability Question

Hi,

Please help me with this as soon as possible (i.e., in the next few hours). I’m working on a US legal research project, and I need citations to prove that Turkish law creates civil liability for:
(1) assault, (2) battery, (3) false imprisonment (kidnapping, when a private person holds another against his will), (4) intentional infliction of emotional distress (IIED), and (5) loss of consortium (liability for the loss of a person’s spouse and the services that spouse would have provided, such as emotional companionship and sexual relations).

Could someone please respond as soon as possible with the relevant valid legal citations on Turkish law or at least to an accepted guidebook on Turkish law? Even if you only have the specific legal citations to a few of these torts that would be very helpful!

I tried researching Turkish law, but my law library has very little on the subject. However, I discovered that in articles 41 and 45-47 of the Turkish Code of Obligations that there may be relevant legal proofs. Unfortunately, I don’t speak Turkish and I don’t have access to any Turkish civil codes. So if someone could please help me as soon as possible I would really appreciate it. If you can’t respond to my question in the next few hours, please post a response anyway since I may be able to use it anyway in a few more days.

Thanks so much!
Old 11-03-2005, 22:29   #2
Av. Bülent Sabri Akpunar

 
Varsayılan

The civil liability to emerge from the notions you have mentioned are generally laid down by Turkish Code of Obligations (TCO), specifically by the Articles 41-47. Even though there is not a seperation as "battery" , "assault" or etc, these are all considered within the "haksız fiil" (torts) concept. Additionaly, the Turkish Civil Code (TCC) sets down in the Articles 23,24,25 provisions to encompass the protection of personality from unlawful actions.Please find below the translations of some articles which have exceptional importance.

TCO Art. 41 : " Torts Liability"

A person who inflicts a damage to another on purpose or with neglect or imprudence in an unlawful manner is liable from the loss occurred.One who intentionally gives harm to another by an immoral act is also liable for the compensation.

TCO Art. 45 : "Losses in case of demise"

The burial expenses are also covered in case of death.If the demise is not occurred instantly then the treatment expenses and the loss of profit due to the incapability to work are also considered within the damages.

The deceased's dependents who are thus deprived of his support also may seek compensation.


TCO Art. 46 : " Physical Losses"

One who suffers a physical damage and thus deprived of any prospective economical profits and the eligibility to work in total or part is entitled to claim all the expenses and losses back.

In case the total of the losses are indeterminable in the time of ruling the judge may take the case for perusal within the two years following the judgement.

TCC Art. 24 : "Protection Of Personality Against Aggression"

"The person whose personality is assaulted unlawfully may ask for due protection from the judge.Any assault on personality is deemed as illegal unless it is justified by the reasons such as victim's consent, superior civil or public interest or the exercise of the authority granted by law.

TCC. Art. 25 : "Civil Actions"
The plaintiff may seek the prevention of a prospective assault or suspension of an existing one or the determination of the illegality of which once ceased but still influential .

Additionaly, the plaintiff is also entitled to ask for the decision or the settlement be published or notified to third parties.
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