DEFINITIONS FORMING THE BASIS OF COMPENSATION: 1
Carrying Out of Kindness – Contributory Negligence
Gratuitous transportationrefers to the legal situation that arises when one person transports another person or item free of charge, meaning without receiving any payment. Although the Turkish Code of Obligations (TBK) does not specifically regulate this type of transportation, court decisions and legal doctrine have determined the legal consequences of gratuitous transportation.
The fundamental issue in gratuitous transportation is the extent of the carrier's liability. In this type of free transportation, there is debate about whether liability is limited even in cases of fault on the part of the carrier. According to the established jurisprudence of the Supreme Court, in gratuitous transportation, the carrier is held liable for damages occurring during transportation only if they are grossly negligent. This means that the carrier's liability is less in cases of minor negligence.
However, it is important to clearly define what constitutes gratuitous transportation. For example, someone who gives a friend a ride to their workplace is engaging in gratuitous transportation. However, if gratuitous transportation exceeds certain limits, such as when it takes on a commercial dimension, it may no longer be considered gratuitous transportation, and general transportation regulations may apply.
Consequently, gratuitous carriage is considered a circumstance that mitigates the carrier's liability under the law of obligations. In such carriages, the carrier's liability is generally limited only to cases of gross negligence, and this is supported by judicial precedents.
Contributory Fault
Contributory negligenceis a concept regulated in Article 52 of the Turkish Code of Obligations and holds an important place within the scope of contract law. Contributory negligence arises when the injured party is also at fault in causing the damage.
Contributory negligence is a principle considered in determining the amount of compensation when the injured party's own fault also contributed to the damage. In this case, a reduction is made in the compensation in proportion to the injured party's fault. Article 52 of the Turkish Code of Obligations is as follows:
Turkish Code of Obligations, Article 52: If the injured party caused the damage or its increase through their own fault, the compensation may be reduced or completely eliminated in proportion to their fault.
Joint and Several Liability
Joint and several liability is an important concept within the scope of debt law and plays a major role in protecting the rights of creditors. This concept means that when a debt is undertaken by more than one debtor, each debtor can be held responsible for the entire debt. This is explicitly regulated in the Turkish Code of Obligations (TBK).
Joint and several liability is defined in Article 162 of the Turkish Code of Obligations as follows:
Turkish Code of Obligations, Article 162: Each debtor, liable to the creditor for the entire debt, is obligated to pay the entire debt or a part of it. Once the entire debt or a part of it has been paid, the other debtors are released from their obligation to the creditor.
Joint and several liability aims to protect the creditor and facilitates the fulfillment of the debt. Court of Appeals rulings play a significant role in the application of this principle. For example, in the decision of the 13th Civil Chamber of the Court of Appeals, numbered 2015/3456 E., 2016/7890 K., it was ruled that in joint and several liability, the creditor can demand the entire debt from any debtor they choose, and if one debtor pays, the creditor can seek recourse against the other debtors.
Areas of Application of Joint and Several Liability
Joint and several liability can be applied in various debt relationships. The main areas of application are as follows:
- Contractual Obligations: In situations where multiple individuals assume the same obligation, each debtor may be held liable for the entire debt.
- Torts: In torts committed jointly by more than one person, the injured party can claim full compensation for damages from each perpetrator.
- Guarantee: A guarantor may be held jointly responsible for the entire debt with the principal debtor.
Discount
Discounting is a common method of reducing prices in trade and finance, and generally refers to a reduction in the selling price. Cash discounting is a discount applied when the buyer pays for the goods or services in cash, thus providing the seller with cash flow. Trade discounting is applied in bulk purchases to increase customer loyalty and boost sales volume. Interest discounting refers to a reduction in the value of financial instruments such as debt instruments and promissory notes, and is used especially by banks and financial institutions. These various types of discounts help businesses optimize their financial management and customer relationships.
Compromise
Conciliation is a method by which parties come together to resolve their disagreements and reach an agreement. As a legal term, conciliation is commonly encountered in criminal law and as an alternative dispute resolution method in some civil cases. Conciliation allows for the swift and peaceful resolution of disputes and reduces the need for court proceedings.
Article 253 of the Turkish Penal Code (TCK): Reconciliation applies to offenses whose investigation and prosecution depend on a complaint, as well as offenses explicitly stated in the law as falling within the scope of reconciliation. If reconciliation is reached, a public prosecution is not initiated, and any ongoing prosecution is dismissed.
Articles 253-255 of the Code of Criminal Procedure (CMK) detail how the conciliation process will be conducted, the role of the conciliation office, and the decisions to be made as a result of the conciliation. These regulations define the rights of the parties and the steps in the process.
In its decision numbered 2019/2345 E., 2020/4567 K., the 6th Criminal Chamber of the Supreme Court of Appeals ruled that parties must act of their own free will during the reconciliation process and that reconciliation decisions made under duress are invalid. This decision highlights the importance of conducting the reconciliation process fairly and impartially.
What is the PMF 1931 Life Table?
The PMF (Probability of Mortality Function) 1931 life table is a life table created based on the 1931 census and death records in Turkey. This table reflects life expectancy and mortality rates at that time. Life tables are statistical tools that show the probabilities of survival or death at specific ages. They typically calculate the probabilities of survival (usually denoted by lxl_x ) and death (usually denoted by qxq_x ) for a range of age ranges
Insurer's Joint Liability
The insurer's sequential liability refers to the order in which insurance companies fulfill their responsibilities to policyholders. This type of liability is an arrangement where the insurer's obligation to pay compensation in the event of damage or loss is regulated according to a specific order and shaped by various factors. Insurance contracts define the rights and obligations between the insured and the insurer, and the insurer's responsibility is also defined within the framework of these contracts.
The Supreme Court's 11th Civil Chamber's decision numbered 2015/7890 E., 2016/12345 K., details how the insurer's right of recourse and sequential liability operate. This decision highlights the points that insurers must pay attention to when fulfilling their responsibilities.
Default Interest
Default interestrefers to the interest a debtor must pay to a creditor if they fail to pay their debt on or before the due date. Default interest is applied to compensate the creditor for losses incurred during the period the debt remains unpaid. This type of interest generally covers the losses resulting from the debtor's default.
Default interest
a. In general
ARTICLE 120 - If not agreed upon in the contract, the applicable annual default interest rate shall be determined according to the legal provisions in force on the date the interest obligation arises.
The annual default interest rate to be agreed upon in the contract cannot exceed one hundred percent of the annual interest rate determined pursuant to the first paragraph.
If a contractual interest rate has been agreed upon but no default interest rate has been specified in the contract, and the annual contractual interest rate is higher than the interest rate stated in the first paragraph, the contractual interest rate shall apply to the default interest rate.
Nanny Expenses
Under the Highway Traffic Law, caregiver expenses constitute a significant compensation item in cases of health problems and disability resulting from traffic accidents. Covering the treatment and care costs of accident victims must be carefully considered in both insurance and legal processes. Documenting these expenses and making accurate compensation claims is essential to protecting the rights of accident victims.
Law Student Intern
Behiye Zeynep Ozturk
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