Browsing by Author "Alper, Gizem"

Filter results by typing the first few letters
Now showing 1 - 2 of 2
  • Thumbnail Image
    ItemOpen Access
    Ultrahazardous activity liability in PPP models: efficient allocation of risk
    (Ankara Üniversitesi Hukuk Fakültesi, 2017) Bayazıt, Bahar; Alper, Gizem
    The development of Public-Private Partnership (PPP) models -which is an arrangement/set of contract that is concluded between the private sector company and the administrative authority in order to provide public servicesshift the risks to private sector, which is much more capable of bearing the risk of such activity, changes and blurs the types of responsibility of the public authorities. Which type of PPP models should be used in ultrahazardous activities is a problematic issue, since the acceptance of the new Turkish Code of Obligations a new rule have been established for ultrahazardous activity liability. The new rule has many gap holes, such as who should be responsible and which type of liability is it actually regulating, causing big financial institutes like PPP models to take under undetermined risks. Whether the private sector company or the administrative authority should undertake these risks is an issue that has yet to be determined. The question addressed in this paper is the following: how to allocate the risk of ultrahazardous activity liability between transaction parties (namely the administrative authority and the private sector company) in PPP models/contracts to favor efficiency?
  • Thumbnail Image
    ItemOpen Access
    Ultrahazardous activity liability of enterprises
    (2018-07) Alper, Gizem
    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.