Abstract:

At present, amounts of energy production and consumption serve as a one of the most concrete indicators of development levels of countries. Especially recent years, due to increases in oil and gas prices and insecure energy lines, countries has led to resort to the way of ending dependence on foreign and supplying their own energy. In accordance with these events, in Turkey came up nuclear energy discussions as in the world and “Agreement between the Government of the Russian Federation and the Government of the Republic of Turkey on cooperation in relation to the construction and operation of a nuclear power plant at the Akkuyu site in the Republic of Turkey” was signed in 12.05.2010. Mentioned treaty that was ratified by The Grand National Assembly of Turkey with Law number 6007 was published at 27712 no offical register (dated 06.10.2010). There is the Paris Convention which is opened for signature on 29.07.1960 and Turkey is a party to the Convention signed in 28.10.1960 about legal responsibility of the operator of nuclear power plants. There is also Vienna Convention on Civil Liability for Nuclear Damageentered into force 21.05.1963, has revised 29.09.1997 and Turkey are not a party to the Vienna Convention. Legal nature of the responsibility of the nuclear power plant’s operator was established faultless liability both in Paris and in Vienna Convention. There had not been any code related with liability for risk in 818 numbered old code of obligation. That’s way risk liability has been tried to be regulated with special laws. In Turkish Law according to Paris Convention and addition treaties with reference toarticle 5 of Law no 5710, liability of the operator of nuclear plants and nuclear carrier is accepted as risk liability. In new Code of Obligation no 6098 article 71 which entered into force on 01.07.2012, a general regulation has been made about the liability for risk. When 6098 no. Turkish Obligation Code takes effect, there is mixed system which has the general rule (TBK m.71) and special regulations to the laws

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