Tort law in Turkey provides the legal foundation for individuals to seek compensation for wrongful acts committed by others. It applies to civil disputes where one party has suffered harm due to another's negligent or intentional behavior. In this article, ER&GUN&ER Turkish Law Firm, a reputable Istanbul Lawyer Firm, outlines the scope, principles, and remedies of tort law under Turkish civil jurisprudence.
What is Tort Law?
Tort law governs non-contractual civil wrongs that cause harm or loss to an individual. The primary aim is to provide compensation to the injured party. Common examples include personal injury, defamation, property damage, and medical malpractice.
Who Can File a Tort Claim?
Anyone who suffers physical, emotional, or financial harm as a direct result of another’s actions can initiate a tort lawsuit. The accused (defendant) is typically the individual or entity responsible for the wrongdoing. The plaintiff must prove harm and a causal relationship to the act.
Legal Conditions for Tort Liability in Turkey
Under the Turkish Code of Obligations (Law No. 6098), four legal elements must be satisfied to establish tort liability:
- Unlawful Act: The action must be contrary to law, morality, or the protected rights of others.
- Fault (Negligence or Intent): The wrongdoer must be at fault unless strict liability applies.
- Damage: There must be measurable harm—either material (property, income) or moral (reputation, emotional distress).
- Causal Link: A direct connection must exist between the act and the resulting harm.
Types of Damages in Tort Law
- Material Damages: Financial loss, repair costs, medical expenses, lost income
- Moral Damages: Emotional suffering, loss of dignity, or reputational harm
Compensation may cover both present and future damages and is determined by the court based on the severity of harm.
Statute of Limitations for Tort Claims
According to Turkish law, tort claims must be filed within two years from the date the claimant becomes aware of the harm and the liable party, and within ten years from the date of the act at the latest. Exceptions may apply in criminal-related torts.
Compensation and Legal Remedies
Courts assess whether the harm is compensable and, if so, determine the financial amount. Remedies can include:
- Monetary compensation for damages
- Restitution of rights
- Injunctions or cease and desist orders
Legal Support for Tort Claims in Turkey
Given the complexity of tort litigation, expert legal support is essential. At Istanbul Lawyer Firm, our English-speaking Turkish Lawyers handle tort claims involving personal injury, malpractice, negligence, and emotional distress.
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