Compensation in Tort Liability

1. Introduction

Tort liability is one of the most important legal consequences arising from individuals' harmful actions towards others. Articles 49-76 of the Turkish Code of Obligations , this liability ensures compensation for both material and non-material damages.

⚖️ Turkish Code of Obligations, Article 49:
"Anyone who causes harm to another through a culpable and unlawful act is obligated to compensate for that harm."

📌 This regulation "do no harm" .

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2. Elements of Tort and Supreme Court Decisions

2.1. Illegality

For an action to constitute a tort, it must be unlawful.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2017/4321, Decision No. 2018/8765:
“Social media posts containing insulting content that violates personal rights constitute an element of illegality.”

2.2. Damage

Damages are central to tort liability. They can be material or moral.

⚖️ Supreme Court 17th Civil Chamber, Case No. 2016/5432, Decision No. 2017/3214:
“The decrease in value of a vehicle in a traffic accident should be compensated as property damage.”

2.3. Defect

The perpetrator must have acted with intent or negligence.

⚖️ Supreme Court Grand Chamber, 2015/21-1123 E., 2017/456 K.:
“If the injured party is also at fault, a reduction is made in the compensation (Turkish Code of Obligations, Article 52).”

2.4. Causal Link

There must be an appropriate causal link between the act and the harm caused.

⚖️ Supreme Court 4th Civil Chamber, Case No. 2018/3456 E., Decision No. 2019/5678 K.:
“In cases of force majeure severing the causal link, gross negligence of the injured party, or gross negligence of a third party, liability for compensation does not arise.”

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3. Monetary Compensation

3.1. Bodily Injuries

• Treatment costs,

• Loss of workforce,

• Future loss of earnings.

⚖️ Supreme Court of Appeals, 21st Civil Chamber, Case No. 2015/4321, Decision No. 2016/6543:
“The income loss of a victim who becomes 30% incapacitated in a traffic accident should be determined by actuarial calculations.”

3.2. Property Damages

• Damage to the vehicle, damage to the house, damage to the workplace.

⚖️ Supreme Court 17th Civil Chamber, Case No. 2018/12345, Decision No. 2020/5432:
“In addition to the repair costs of the vehicle, the decrease in its value should also be paid as compensation.”

3.3. Compensation for Loss of Support

• In the event of death, the relatives who are deprived of the deceased's support have a right to claim compensation.

⚖️ Supreme Court Grand Chamber, 2012/21-235 E., 2013/331 K.:
“It should be accepted that parents have been deprived of their children's support and should be granted the right to compensation.”

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4. Non-pecuniary damages

4.1. In Cases of Bodily Injury

⚖️ Supreme Court of Appeals, 21st Civil Chamber, Case No. 2016/4567, Decision No. 2018/2345:
“Moral compensation awarded for bodily harm is aimed at alleviating the victim's suffering.”

4.2. In Case of Death

⚖️ Supreme Court Grand Chamber, Case No. 2014/21-987, Decision No. 2015/234:
“Moral compensation should be awarded to the spouse and children due to death.”

4.3. Violation of Personal Rights

⚖️ Supreme Court 4th Civil Chamber, Case No. 2019/3211, Decision No. 2020/4567:
“The inaccurate news published in the press constitutes a violation of personal rights and should result in compensation for moral damages.”

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5. Distinction Between Tort and Contractual Liability

⚖️ Supreme Court Grand Chamber, 2016/13-456 E., 2017/789 K.:
“Liability arising from contract and liability arising from tort are different; the conditions should be evaluated separately.”

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6. Statute of Limitations

• Turkish Code of Obligations, Article 72:

  • Two years from the date the damage and the perpetrator were learned

  • Probably 10 years.

• In serious crimes, the statute of limitations applies.

⚖️ Supreme Court 11th Civil Chamber, Case No. 2019/876, Decision No. 2020/234:
“The statute of limitations for torts begins from the date the damage and the perpetrator are learned.”

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7. Problems Encountered in Practice and Solutions

• Proof of fault: Usually through expert reports.

• The measure of moral damages: The Supreme Court considers excessive or very low compensation grounds for reversal.

• Diminution in value: Included in property damages according to Supreme Court precedents.

• Statute of limitations: Time limits must be carefully calculated before filing a lawsuit.

⚖️ Supreme Court of Appeals, 4th Civil Chamber, Case No. 2020/6543, Decision No. 2021/9876:
“The amount of moral compensation should be in accordance with fairness and social realities.”

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8. Comparative Law

• Germany (BGB): Tort liability (Deliktrecht) is broadly regulated.

• Switzerland: It forms a basis for Turkish law; it gives ample space to moral damages.

• Rights (ECtHR) awards compensation for non-pecuniary damages in cases concerning freedom of expression and the protection of private life.

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9. Extended FAQ

1. What is a tort?

Causing harm to another person through a culpable, unlawful act.

2. Can both material and moral damages be claimed together?

Yes.

3. Are cases of strict liability considered torts?

They are related; they have been accepted through specific arrangements.

4. What is the statute of limitations?

2 years – 10 years.

5. How is compensation for moral damages determined?

According to the judge's discretion and equity.

6. Is violating personal rights through the press a tort?

Yes.

7. Are damages from traffic accidents considered torts?

Yes, strict liability also applies.

8. Who can make a claim in case of death?

Spouses, children, parents, those receiving support.

9. Does a criminal case affect a tort case?

It can constitute evidence, but it is independent.

10. How is bodily harm calculated?

With expert/actuarial reports.

11. Is depreciation in value covered by compensation?

Yes.

12. In which court are tort cases filed?

Civil Court of First Instance.

13. How can compensation be obtained if the perpetrator has no assets?

It can be collected through enforcement and seizure procedures.

14. Could the insurance company also be held responsible?

Yes, especially in traffic accidents.

15. How is the defect rate determined?

Through expert examination.

16. Can moral damages be claimed in a defamation case?

Yes.

17. Are damages from workplace accidents considered torts?

Yes, labor law provisions also apply.

18. Does the statute of limitations extend with the criminal statute of limitations?

Yes, in serious crimes.

19. Does moral damages pass to the heirs?

If a lawsuit has been filed, it passes to the heirs.

20. Does liability for compensation arise if the perpetrator is not at fault?

Generally no; however, cases of strict liability are an exception.

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10. Conclusion

Tort liability is one of the most important institutions of Turkish law.

• Monetary compensation: Compensation for property damage and bodily harm.

• Moral compensation: Redress for violations of personal rights and emotional distress.

• Supreme Court rulingsprovide guidance in practice by clarifying this area.

⚖️ Victims should file a tort compensation lawsuit with the support of expert lawyers to effectively protect their rights