Yeni Borçlar Kanunu Tasarısında Tehlike Sorumluluğu Düzenlemesi

Abstract

Abstract

According to the Turkish Code of Obligations enacted by public law; general rule is that a person to whom damage to another is legally attributed is liable to compensate that damage. Damage is assential element of torts with other elements. Damage is any way of harm given to a person or to a property. Personal injuriy is the damage of a persons body. Material damage consists of the damage or losses are all material damages. Only the actions. Wihch are defective amy be deemed as tort. This means culpability is to act with the own assent of the offender. If the harmful action is the result of awillful intention. Ġt is to be accepted as tort. Culpa consists of two kinds of fault; intention and negligence. The tortious liability is generaly based upon the principle of Culpa, But exceptionaly the law has detemined several cases of liability in which culpa is not necesesary. This kind of liability is called “objecitve liability” or vicarios liability”. According to the new draft obligations Law Occured (article of 70) that; Abnormally dangerous activities are different from currently general rules. Especally; 1) A person who carries on an abnormally dangerous management activity is strictly liable for damage characteristic to the risk presented by the activity and resulting from it. 2) An activity is abnormally dangerous if it creates a foreseeable and highly significant risk of damage even when all due care is exercised in its management and it is not a matter of common usage. 3) A risk of damage may be significant having regard to the seriousness or the likelihood of the damage.

Keywords

• general rule, dangerous activity, resbonsibility, objective liability, vicarios liability, risk activity