Özet:

In the TCC, the effect of the policyholder on the payment of the insurance indemnity and the insurance cost is regulated in case the insured event stipulated in the contract causes the realization of the event.Whether the incident occurred by negligence or willful intent and the rate of defect are the most important factors affecting the compensation. According to the first paragraph of Article 1429 of the Turkish Commercial Code, to examine what the concept of "fault" means within the framework of the provision "The insurer is obliged to compensate the damages arising from the negligence of the insured, the insured, the beneficiary and the persons for whom they are legally responsible", unless there is a contract to the contrary. It will be useful. Fault can be expressed as the acceptance of unlawful behavior. Appearance forms are divided into two as intent and negligence. While intent is defined as knowing and wanting the unlawful outcome, negligence can be defined as risking the possibility of the outcome. According to the degree of neglect; It has been subjected to a dual distinction as gross negligence and light negligence. The distinguishing point here is that the average person does not show the care and attention that should be shown under the same conditions and conditions, gross negligence; The fact that very careful and attentive people do not show the attention and care that can be expected from them is considered as slight negligence. We will examine these separate regulations in our study, since the willful behavior or negligent behavior of the people who are considered within the scope of Article 1429 of the Turkish Commercial Code, in the event of the event within the scope of insurance coverage.

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