Abstract:

The difference between the legal structures of English and Turkish Law brings along different approaches for solving similar legal problems. Violation of bodily integrity involves the violation of the indispensable personality rights. As long as the conditions are satisfied, the transfer of the loss that the injured party (victim) has suffered and compensation it with the aim of placing the victim back to its position prior to the status prior to the tort are of importance for both of the legal systems. On the other hand, in some cases, compensation of both the pecuniary and non-pecuniary loss may prove to be insufficient to reach this aim of replacement. Under Turkish Law, for the imposition of tortious liability, in principle, violation of a legally protected right by an illegal and faulty act is required. Purely violation of a right is not covered by tortious liability due to non-occurence of a loss. As distinct from Turkish Law, in some cases under English Law, violation of right suffices for liability despite the absence of loss. Nevertheless, in cases regarding the violation of bodily integrity, the occurrence of loss and this being the approximate result of an illegal act are still important

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