Özet:

Foreseeability and adequate causation are methods for limiting the liability for damages. Foreseeability theory is found in United Nations Convention on the International Sale of Goods (hereinafter “the CISG”), Principles of European Contract Law (hereinafter “the PECL”), French, and English law. Although we refer to the theory with the same name in this context, when considering the main differences between common law and civil law, especially regarding liability systems and good faith principles, it must be expected to give different results in practice. As a result, French law differs from English law and CISG in terms of fault-based liability and PECL in terms of the good faith principle. So, we achieve different categories in foreseeability theory. On the other hand, adequate causation is accepted in German and Turkish law and is different from foreseeability theory. The situation that makes foreseeability and adequate causation so important and why they are included in the study is the basis for determining the liability for breach of contract. The study's main purpose is to analyze the application of which method between parties from common law and civil law systems is more appropriate for both parties. In addition, CISG and PECL are part of lexmercatoria and combine civil and common law elements. So that is the reason why they are included in this study. Therefore, this study compares CISG, PECL, English contract law, Turkish contract law, German contract law, and French contract law from the viewpoint of foreseeability and adequate causation theories based on the good faith principle and the liability systems to find out the differences. In conclusion, foreseeability theory in French law and PECL are more appropriate for business parties from common law and civil law systems. In this respect, foreseeability in PECL is appropriate regarding strict liability systems. On the other hand, foreseeability in French law is appropriate regarding fault-based liability systems.

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