The New Turkish Tort Law
(2012) 3 Journal of European Tort Law 44
57 Pages Posted: 1 May 2013 Last revised: 20 Dec 2014
Date Written: 2012
The new Turkish Code of Obligations took effect on 1 July 2012. This article first presents the history of private law in modern Turkey. While taking into consideration recent European legal developments, the article then examines the tort provisions of the new Code in its social, political, and legal context. The abandoned Swiss Draft Project on the Revision and Unification of Civil Liability, the Principles of European Tort Law, and the Draft Common Frame of Reference, among others, are analysed and compared to the solutions adopted by the Turkish legislator. Besides, since they have had a significant influence on the new Code, special attention has been paid to decisions of the Turkish Supreme Court which have also been compared to decisions concerning similar cases taken in other European jurisdictions.
Keywords: Turkish law, the new Turkish code of obligations, comparative tort law
JEL Classification: K13, K32, K41
Suggested Citation: Suggested Citation