LIABILITY AND INDEMNITY LAW
Liability arised from contract
A contract is a legal process that is created by the agreement of the will of two or more persons, which creates obligations for all or part of the parties. If a party fails to fulfill its legal obligations arising from the contract without a valid reason, it is obliged to indemnify all damages. If a party fails to fulfill its legal obligations arising from the contract without a valid reason, it is obliged to indemnify all damages. For instance; If the lessor does not properly pay the rent due in accordance with Article 313 of the Law of Obligations or if the seller does not deliver the goods subject to sale on time according to Article 210 of Law of Obligations, he shall be obliged to compensate the damages. Accordingly, if at least one of the parties to a contract fails to fulfill its responsibilities arising from this legal relationship, in accordance with Article 112 of law of obligations, liability arising from the contract will be brought up.Damages arising from the breach of the contract may be subject to pecuniary or non-pecuniary damages according to their qualifications. As a matter of fact, it is quite problematic to establish a causal link between non-fulfillment of contractual responsibility in practice and the emergence of moral harm. Regarding the matter, the Court of Cassation considers each concrete event separately and determines the consequences such as mental depression or loss of reputation, and then determines the parties’ attitude, the subject of the legal relationship and the connection with the act that leads to the violation of the contract. The period of statutory limitation for damages arising from the violation of the contract is 10 years unless there is a contrary provision. These lawsuits may be brought in the courts of the defendant in accordance with the general jurisdiction rule, as well as in courts where the contract is executed in accordance with Article 10 of the code of civil procedure.
Antalya lawyer Barış Erkan Çelebi provides legal services issues in Antalya and in all provinces of Turkey resolving any disputes arising from the contract in court and outside, the prosecution, the defense attorney and the conclusion of the case as a defendant.
Liability arising from tort
Arrangements against the liability of tort are regulated in article 49 of the Law of obligations and the following. Accordingly, the notion of unjust verb; It is defined as the act of unlawful act of one person bringing harm to the media over the values of the person or property of others.
In order to be able to speak of a claim arising from tort, the damage must arise, the existence of an unlawful act that violates the norm envisaged for the protection of the damaged value, the causal link between the defect and the defect and the resulting damage.
An agreement or a court decision is required between the parties to determine the extent of damages arising from the tort. The material damage arising from the tort is compensated by paying in cash. In addition to these amounts, heavier material losses, such as loss of labor and lack of support , will be included in the calculation if the conditions are met. The content of non-pecuniary damage is at the discretion of the judge. In assessing the claim and amount of non-pecuniary damage, the judge makes a decision by taking into consideration the personal rights of the injured, the deteriorating psychological balance and the effect of the pain and suffering that he feels.
In the case of compensation arising from tort, the court of the defendant’s place of residence is the general competent court, and in addition, the courts of the place where the tort has been committed, the damage occurred or the victim has been authorized under Article 16 of the HMK. The court in charge is determined according to the nature of the legal relationship on which the tort is based. Claims for compensation for damages arising from unjust acts shall be time-barred after 2 years from the date of learning of the damages and defendant, in any case 10 years from the date of occurrence of the act.
Liability Arising From Traffic Accidents
Compensation suit related to traffic accidents; is the general name given to cases where at least one registered motor vehicle plays a role and is followed for damages resulting from a reduction in property, injury and / or death.
In these cases, in general, at the rate of defect of the defective party; exceptionally, even if it is flawless in the law, it is intended that the party to be liable to compensate the damages will compensate the entire damages. The concept of the person injured in the Liability and Compensation Law should be interpreted as broadly as possible. The person who holds the property of the property in the damages to the assets, and the person who is physically or mentally injured in injuries is identified as the person who is damaged in the Compensation Law. However, this finding is not sufficient in concrete events resulting in death. This is because the spouse, children, siblings, parents and all persons who are financially dependent on the person who died in a traffic accident resulting in death are included in the scope of harm.
These persons have the right to demand the determination and compensation of the cost of deprivation of the support they suffered as a result of a traffic accident. However, since these legal opportunities are not known in practice, the relatives of those who died in traffic accidents cannot benefit from their rights and have financial problems in the future.
For this reason, we recommend that you always consult with lawyers who work in the field of Liability and Compensation Law in case of fatal traffic accidents.
Injured traffic accidents differ in terms of belonging to the right to sue compared to fatal traffic accidents. In a traffic accident resulting in injury, only the injured person is entitled to compensation for all costs of treatment and any loss due to the loss of physical labor resulting from the injury.
In a traffic accident resulting in injury, only the injured person is entitled to compensation for all costs of treatment and any loss due to the loss of physical labor resulting from the injury.
Therefore, incurable limb losses, bedridden or other disability which may lead to incapacity for work also play an important role in the calculation of the compensation amount. Likewise, the right to file a claim for damages in traffic accidents causing loss of assets is limited to persons who have suffered loss in assets.