The New Turkish Tort Law
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Erdem Büyüksagis
Abstract
The new Turkish Code of Obligations, enacted by the Grand National Assembly on 11 January 2011, will take effect on 1 July 2012. While taking into consideration recent European legal developments, this article 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.
© 2012 by Walter de Gruyter Berlin Boston
Articles in the same Issue
- Masthead
- Punitive Damages – A Modern Conundrum of Ancient Origin
- Fault, Damage and the Equivalence Principle in French Law
- The New Turkish Tort Law
- Extracts from the New Turkish Code of Obligations
- The New Extra-Judicial Compensation System for Victims of Medical Malpractice and Accidents in Poland
- Punitive Damages in France: A New Deal?
- Compartmentalisation and Harmonisation of Tort Law in Europe: Damage Caused by GMOs as a Test Case
- Paula Giliker, Vicarious Liability in Tort – A Comparative Perspective (Cambridge University Press 2010)
- Bernhard A Koch (ed), Medical Liability in Europe. A Comparison of Selected Jurisdictions (De Gruyter 2011)
Articles in the same Issue
- Masthead
- Punitive Damages – A Modern Conundrum of Ancient Origin
- Fault, Damage and the Equivalence Principle in French Law
- The New Turkish Tort Law
- Extracts from the New Turkish Code of Obligations
- The New Extra-Judicial Compensation System for Victims of Medical Malpractice and Accidents in Poland
- Punitive Damages in France: A New Deal?
- Compartmentalisation and Harmonisation of Tort Law in Europe: Damage Caused by GMOs as a Test Case
- Paula Giliker, Vicarious Liability in Tort – A Comparative Perspective (Cambridge University Press 2010)
- Bernhard A Koch (ed), Medical Liability in Europe. A Comparison of Selected Jurisdictions (De Gruyter 2011)
