Abstract:

As in many fields of law, the concept of defect also has an important place in the law of responsibility. Indeed, if the exceptions on perfect responsibility are left behind, responsibility without defects will not be subject to. In this regard, the defect can be expressed as the founding element of responsibility. In this study, considering the importance of liability law, the concept of defect was tried to be studied with all aspects. In particular, it is recommended to adopt a theory that approaches the subjective theory of defect with the beginning of criticism of the objectivized defect theory, which has been accepted in Turkish-Swiss teaching and practice in recent years. In fact, both the subjective theory and the objectivized theory of defects are open to criticism in some aspects. The application of the objective defect theory for the unfair facts in terms of contractual responsibility to ensure the fairness of the substantial event seems more appropriate. The most important condition of the forgiveness is that the defendant is defective in the processing of the fact. If the exceptions are abandoned, it is not possible to mention liability without defects, whether in terms of liability arising from the contract or in terms of liability arising from unfair facts.

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