The New Turkish Tort Law

The new Turkish Code of Obligations, enacted by the Grand National Assembly on 11 January 2011, will take effect on 1 July 2012. While taking into consideration recent European legal developments, this article examines the tort provisions of the new Code in its social, political, and legal context. The abandoned Swiss Draft Project on the Revision and Unification of Civil Liability, the Principles of European Tort Law, and the Draft Common Frame of Reference, among others, are analysed and compared to the solutions adopted by the Turkish legislator. Besides, since they have had a significant influence on the new Code, special attention has been paid to decisions of the Turkish Supreme Court which have also been compared to decisions concerning similar cases taken in other European jurisdictions.