KARA TAŞITLARI KASKO SİGORTASI BAĞLAMINDA, TÜRK TİCARET KANUNU’NUN 1429/1. MADDESİNDE GEÇEN “SİGORTA ETTİREN VEYA SİGORTALININ FİİLİNDEN SORUMLU OLDUĞU KİŞİLER” KAVRAMINA İLİŞKİN KISA BİR DEĞERLENDİRME

In the Article 1429/1 of the Turkish Commercial Code, it is regulated that unless otherwise agreed, insurer shall pay insurance indemnity, when the persons whom policyholder or insured are responsible for their acts cause risk with their gross negligence or deliberately unless they aim for paying indemnity. In Turkish Law, this provision of Article 1429/1 is mostly applied to disputes related to compehensive vehicle insurance. However, concept of person whom policyholder or insured are responsible for his act which is mentioned in this Article hasn’t got a common content and scope that agreed on. Thus, both the doctrine and the Supreme Court have given different meanings to the concept. Since, it has the authority to finalize a dispute before the law, interpretation and practice of the Supreme Court on subject comes to the forefront. But when the decisions taken are evaluated, it is seen that sufficient and reasonable criteria and reasons cannot be established by the Supreme Court. In this regard, in the study, it has been tried to interpret concept of person whom policyholder or insured are responsiple for his act and bring some recommendations, considering purpose of Article 1429/1.