Faculty of Law · Law · Undergraduate
Course Objective
This course aims to provide a systematic and practice-oriented understanding of the fundamental concepts, types, and mechanisms of liability under Turkish private law. Fault-based liability (Turkish Code of Obligations, Art. 49 et seq.) and strict liability — comprising equitable liability, liability based on a duty of care, and liability arising from hazardous activities — will be examined in depth within the framework of the Turkish Code of Obligations No. 6098. Additional topics include the comparison of contractual and tortious liability, the concurrence of grounds of liability (TCO Art. 60), the general principles of compensation law, types of damage, causation, and non-pecuniary damages. Students are expected to develop both a theoretical and applied mastery of liability law enabling them to resolve real-world disputes.
Course Content
Concept of liability law, its historical development and position within the law of obligations; types of liability: contractual liability and tortious liability, concurrence of grounds of liability, exclusion agreements, prescription, analysis of selected Court of Cassation decisions through case studies.
Required Resources
M. Kemal Oğuzman / M. Turgut Öz (202x). Borçlar Hukuku Genel Hükümler Cilt 1-2. Vedat Kitapçılık.
Fikret Eren (202x). Borçlar Hukuku Genel Hükümler. Legem Yayıncılık.
Recommended Resources
Başak Baysal. Haksız Fiil Hukuku. Eylül 2019. On İki Levha Yayıncılık.
Course Learning Outcomes
- Explain the fundamental concepts of liability law and systematically distinguish between types of liability.
- Apply the fault-based liability to concrete factual scenarios.
- Compare and contrast strict liability categories in a comparative framework.
- Explain pecuniary and non-pecuniary damage concepts and the criteria for determining compensation.
- Apply the principle of concurrence of grounds of liability (TCO Art. 60) to legal disputes.
- Develop legal solutions to liability disputes by analysing current Court of Cassation decisions.
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 15 | 2 | 30 |
| Out of Class Study Period | 15 | 2 | 30 |
| Midterm | 1 | 2 | 2 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 2 | 2 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Introduction to the course; concept of liability law, historical development and its place within the law of obligations | Reading |
| 2 | Types of liability: contractual liability and tortious liability; concurrence of grounds of liability | Reading |
| 3 | Elements of fault-based liability I | Reading |
| 4 | Elements of fault-based liability II | Reading |
| 5 | Damage: pecuniary damage (actual loss and loss of profit) and non-pecuniary damage | Reading |
| 6 | Causation: adequate causation theory, grounds interrupting the causal link and burden of proof | Reading |
| 7 | Non-pecuniary damages: conditions, criteria for assessment and Court of Cassation practice | Reading |
| 8 | Midterm Exam | Midterm Exam |
| 9 | Strict liability: general principles and categories; equitable liability (TCO Art. 65) | Reading |
| 10 | Liability based on a duty of care I: liability of employers for employees (TCO Art. 66) and liability of animal keepers (TCO Art. 67) | Reading |
| 11 | Other duty-of-care liability cases; liability of building owners (TCO Art. 69) | Reading |
| 12 | Liability for hazardous activities: liability of motor vehicle operators (Road Traffic Act), liability for environmental pollution | Reading |
| 13 | Multiple tortfeasors: joint and several liability (TCO Art. 61) and the right of recourse among liable parties | Reading |
| 14 | Determination of compensation, grounds for reduction, exclusion agreements and prescription | Reading |
| 15 | Case studies based on current Court of Cassation decisions; general review and evaluation | Final Exam |
| 16 | Final Exam | Final Exam |