TBK article 49: "Anyone who harms someone else with a defective and unlawful act is obliged to compensate for this damage."
Elements of Liability
- Act: Action or omission
- Illegality: Contrary to the legal order, law, contract
- Fault: Intention or negligence (TBK art. 51)
- Damage: Material and/or moral
- Causality: Proper causality between the act and the damage
Burden of Proof
The plaintiff proves all the elements. In cases where fault is assumed as a presumption, the defendant proves that he is blameless.
Types of Compensation
- Material compensation (TBK art. 51 et al.)
- Pecuniary damage (TBK art. 58)
- Compensation for deprivation of support (TBK art. 55)
Prescription (TBK art. 55) Art. 72)
- 2 years from learning about the damage and the perpetrator
- In any case, 10 years from the commission of the act
- If it constitutes a crime, penal statute of limitations is applied
Supreme Court HGK
HGK, using "objective measure of care" in determining the fault is reasonable. and that it is necessary to evaluate how a careful person would act under the same conditions.
Compensation law lawyer support is recommended.