Conditions of Non-Pecuniary Claims by Kinsmen of the Injured in the Event of Severe Physical Injury as per Turkish Code of Obligations No. 6098
DOI:
https://doi.org/10.65380/bhd.2025.1.2Keywords:
non-pecuniary compensation, severe physical injury, damages of third parties, non-pecuniary damages, kinsmen of the injuredAbstract
In principle, a victim of an unlawful act is entitled with the right to claim compensation under Turkish law, therefore indemnification of damages incurred by third persons are indemnified constitute an exception to this general principle. Indemnification of such damages require a certain legal rule regulating damages incurred by third parties along with unlawful act and causation between such act and damages of the relevant third person within the scope of tort law. Article 47 of the Turkish Code of Obligations No. 818 (the “EBK”) only permitted non-pecuniary damage claims by “family of the dead person” in the event of death, and this provision raised unjust consequences as it leaves kinsmen of the injured except its family and damages to the integrity of the body out of its scope. Having regulated non-pecuniary damages from the injury of the right to live and the integrity of the body, Article 56.2 of the Turkish Code of Obligations No. 6098 (the “TBK”) represents a significant and rooted amendment in terms of granting the kinsmen of the injured with the right to claim non-pecuniary damages for the first time in liability law.
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