Abstract:

The subject of this paper is the new provisions concerning absolute liability in the draft of the Turkish Code of Obligations. Tortious liability is generally based upon the principle of culpa, but by exception the law has determined liability in several cases in which culpa is not necessary. This kind of liability is called “objective liability” or “vicarious liability.” Absolute liabilities in the draft of the Turkish Code of Obligations are separated into equity liability, care liability and dangerous liability. Equity liability is divided in employer liability, animal owner liability and building owner of building

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