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Competition of liability reasons according to the Turkish Code of Obligations No. 6098

Title	Competition of liability reasons according to the Turkish Code of Obligations No. 6098
Author	Kaya, Asim
Publication Date:	2016-10
Publication Place	- Seçkin Publishing
Subject	Liability, Competition of reasons, Fault liability, Strict liability, Tort liability, Unjust enrichment, Limitation, Liability, Competing of reasons, Defect liability, Absolute liability, Tortious liability, Unjust enrichment liability, Statute of limitations
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	2458-8202
Record ID	30362d93-7c7f-4371-ae96-db64fbbf8387
Date	2016-10
Sample Text	In order for the reasons for responsibility to compete, the responsibility must be based on more than one reason. These reasons are considered as tort liability, contractual liability, and unjust enrichment. Competing liability reasons is a frequently encountered situation in practice. This institution, which was previously developed through jurisprudence, was regulated under the title "Competition of Reasons" in Article 60 of the Turkish Code of Obligations No. 6098. According to this article, if the liability of a person can be based on more than one reason, the judge decides according to the reason of liability that provides the best compensation to the injured party, unless the injured party requests otherwise or the law provides otherwise. In this case, the statute of limitations may be applied differently. Competition of causes; They are different concepts from optional causation, competing causation and common causation., For the competing of liability reasons, the liability must depend on multiple reasons. These reasons are evaluated as tortuous liability, contractual liability and unjust enrichment liability. The case of the competing of liability reasons is a frequently encountered condition in practice. Developed with judicial decisions at the beginning, this foundation has been organized under the title of “Contest of Reasons” in Article 60 of 6098 numbered Turkish Code of Obligations. According to this article, if liability of a person can be dependent on multiple reasons, a judge decides according to liability reason that provides best compensation for injured party; Unless the injured party demands the contrary or as long as the contrary is not predicted in law. In this circumstance, statute of limitations will be implemented differently. Competing of reasons is a concept different from elective causation, competing causation and common causation.
Cilt	1

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Özyeğin University

Competition of liability reasons according to the Turkish Code of Obligations No. 6098

Author Kaya, Asim

Publication Date 2016-10

Publication Place - Seçkin Publishing

Subject Liability, Competition of reasons, Fault liability, Strict liability, Tort liability, Unjust enrichment, Limitation, Liability, Competing of reasons, Defect liability, Absolute liability, Tortious liability, Unjust enrichment liability, Statute of limitations

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 2458-8202

Record ID 30362d93-7c7f-4371-ae96-db64fbbf8387

Date 2016-10

Sample Text In order for the reasons for responsibility to compete, the responsibility must be based on more than one reason. These reasons are considered as tort liability, contractual liability, and unjust enrichment. Competing liability reasons is a frequently encountered situation in practice. This institution, which was previously developed through jurisprudence, was regulated under the title "Competition of Reasons" in Article 60 of the Turkish Code of Obligations No. 6098. According to this article, if the liability of a person can be based on more than one reason, the judge decides according to the reason of liability that provides the best compensation to the injured party, unless the injured party requests otherwise or the law provides otherwise. In this case, the statute of limitations may be applied differently. Competition of causes; They are different concepts from optional causation, competing causation and common causation., For the competing of liability reasons, the liability must depend on multiple reasons. These reasons are evaluated as tortuous liability, contractual liability and unjust enrichment liability. The case of the competing of liability reasons is a frequently encountered condition in practice. Developed with judicial decisions at the beginning, this foundation has been organized under the title of “Contest of Reasons” in Article 60 of 6098 numbered Turkish Code of Obligations. According to this article, if liability of a person can be dependent on multiple reasons, a judge decides according to liability reason that provides best compensation for injured party; Unless the injured party demands the contrary or as long as the contrary is not predicted in law. In this circumstance, statute of limitations will be implemented differently. Competing of reasons is a concept different from elective causation, competing causation and common causation.

Cilt 1