TBK Article 49: A person who harms others with his faulty and unlawful acts is obliged to compensate for this damage.
Elements
- Unlawful act
- Defect (intention or negligence)
- Damage (material or moral)
- Causality (act-damage). between)
Burden of Proof
- Plaintiff proves all elements
- Presumption of unlawfulness (generally)
- Cases of strict liability (motor vehicle, animal, building)
Types of Compensation
- Material compensation (loss of income, treatment)
- Pecuniary damage (pain, personal injury) right)
- Preventive demand (precautionary measure)
Duration
- 2 years before learning about the damage and the perpetrator
- 10 years in any case
- Punishment statute of limitations if it constitutes a crime
Supreme Court 4. HD
4. HD adopts that in tort cases, "ordinary causal relationship" is sufficient and definitive proof is not required.
Compensation lawyer is recommended.