Ultrahazardous activity liability of enterprises

Abstract

With the acceptance of the new Turkish Code of Obligations (TCO), the Turkish law-maker followed the trend in foreign laws and held enterprises with much stricter liabilities. The strictest type of liability, or no fault based liability is codified with a general rule in TCO for enterprises owners and operators who conduct a “ultrahazardous activity”. Strict liability is a controversial subject, for the tortfeasor, who is not at fault while causing the injury. This thesis joins the vibrant discussion about article 71 of the Turkish Code of Obligations. Though many subject in this matter have been discussed there is still much more to be debated. In this dissertation, the first chapter will examine the historical basis for strict liability, the historical development of general rules for strict liability and finally the strict liability types provided in Turkish Law. The second chapter will provide the information of how TCO Art. 71 will come into force. The elements of liability and the tortfeasor will be examined in this chapter. Finally the third chapter will present the scope of the liability, with emphases on liability for innovations and enterprise liability.